Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45752 of 2018 Applicant :- Tariq Ahmad Opposite Party :- State Of U.P.
Counsel for Applicant :- Hemendra Pratap Singh,Anshu Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Sri Dhananjay Pratap Singh, Advocate has filed his Vakalatnama on behalf of the complainant/informant, the same is taken on record.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State of U.P and perused the material available on record.
At the outset, Sri Dhananjay Pratap Singh, learned counsel for the informant informed that he has received the money in question from the applicant and has no grievance for the time being.
IIIrd Supplementary Affidavit has been filed on behalf of the applicant, whereby it has been stated under paragraph no.3 that the money in question has been handed over to the informant, which fact has been accepted by Sri Dhananjay Pratap Singh, counsel for the informant. Now, there is no dispute between the parties and no useful purpose will be served, if the applicant is detained in jail. The applicant is languishing in jail since 5.10.2018. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.
Learned A.G.A. has not disputed the aforesaid facts.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Tariq Ahmad involved in Case Crime No. 120 of 2017, under Sections - 420, 406 I.P.C., Police Station - Civil Lines, District - Aligarh be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 18.12.2018 S Rawat