Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1980 of 2018 Applicant :- Ubayddur Rahaman Opposite Party :- State Of U.P.
Counsel for Applicant :- Atul Kumar,Asheesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of the State is taken on record.
Supplementary affidavit filed on behalf of the applicant is also taken on record.
Heard Sri Atul Kumar, learned counsel for the applicant and Sri Zafeer Ahmad, leaned AGA apearing for the State.
It is alleged that the co-accused Danish Rahman had taken R.90,000/-from the complainant on the pretext to provide him job in foreign country and fake offer letter was given to the complainant.
Learned counsel for the applicant in support of his bail prayer submits that the applicant is innocent and he has falsely been implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that there is contradiction in the statement of the complainant. Specific role has been assigned to the co-accused Danish Rahman and there is no specific allegation against the applicant. It has been contended by the learned counsel for the applicant that the co- accused Danish Rahman, who has been assigned main role has been granted bail by Coordinate Bench of this Court vide order dated 17.11.2017, copy of which has been annexed as annexure-2 to the supplementary affidavit and the case of the applicant stands on better footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 24.9.2017.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Ubayddur Rahaman involved in Case Crime No.
795 of 2017, under Sections 420, 467, 468, 471, 120-B, 323 I.P.C., Police Station Civil Lines, District Muzaffar Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
Order Date :- 30.3.2018 IA