Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3933 of 2019 Applicant :- Wazid Alias Bhura Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Prasad Mishra 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 has been falsely roped in in this case by the police. In fact, the applicant was arrested falsely by the police in some other case, in which the applicant has already been admitted to bail by this Court on 11.12.2018. Criminal history of the applicant has been explained in paragraph no.11 of the affidavit filed in support of this bail application. In case the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant is languishing in jail since 21.5.2018.
Learned AGA has opposed the prayer for bail. He has submitted that the applicant was caught on the spot and he caused gun shot injury on the police party, which is very much verified by the injury report.
Without entering into merit 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 - Wazid Alias Bhura involved in S.T. No.
303 of 2018, arising out of Case Crime No.192 of 2018, under Sections - 307, 414 I.P.C., Police Station - Didauli, District - Amroha 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 :- 29.1.2019 S Rawat