Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19877 of 2018 Applicant :- Usman @ Musa Opposite Party :- State Of U.P. Counsel for Applicant :- Azhar Hussain Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in the present case. The police after arrest of the applicant slapped false case against him. There is no independent witness to the factum of arrest and recovery. There is no criminal history of the applicant. The co-accused Manoj alias Monu from whose possession the alleged pistol was recovered, has been admitted to bail by the court below itself on 15.3.2018 in Bail Application No. 1183 of 2018, a copy whereof has been annexed as Annexure-5 to the affidavit filed in support of bail application. The case of the applicant is on better footing from the co-accused Manoj alias Monu. The applicant is languishing in jail since 12.01.2018.
Learned AGA has opposed prayer for bail. However, learned AGA 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 Usman @ Musa involved in Case Crime No. 28 of 2018, under Sections 379, 411 I.P.C., Police Station Jagdishpura, District Agra, 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 :- 31.5.2018 Rmk.