In a bail application challenging arrest based on a weapon recovery at the applicant's pointing, the court allowed bail due to lack of concrete evidence linking the applicant to the incident and weak supporting materials.
Release on bail by executing a personal bond and furnishing two sureties each in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38107 of 2018
Applicant :- Nasibul Khan Opposite Party :- State Of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Sri Kuldeep Johri, Advocate has filed memo of appearance on behalf of the informant, which is taken on record.
Heard learned counsel for the applicant, learned AGA for the State of U.P as well as learned counsel for the informant and perused the material available on record.
In this case, there is nothing concrete appearing against the applicant which may directly link him with the incident. None is named in the first information report. Fact is that subsequent to lodging of the first information report on 07.04.2016 regarding recovery of dead body of one Rijwan Khan, after lapse of one month, an application was moved wherein seven persons were named as accused who committed the crime. The applicant happens to be one of them. However, after moving this application, the applicant was arrested and fake recovery of countrymade gun 315 bore was recovered at the pointing out of the applicant. The application names two witnesses namely Amaullah Khan who is real uncle of the deceased and Imran Khan who is real brother of the deceased. It is surprising that the first information report was lodged by the informant against unknown person, whereas, these two persons had seen the occurrence as averred in the application, still there is no whisper about the persons involved in the commission of the crime. The name of the applicant surfaced only after false application was moved by the informant after the occurrence. The applicant does not bear any criminal history and is languishing in jail since 12.05.2018.
Learned AGA and learned counsel for the informant have opposed prayer for bail. However, they have 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 Nasibul Khan involved in Case Crime No.189 of 2018, under Sections 302, 120B I.P.C., Police Station Puranpur, District Pilibhit 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 :- 9.10.2018
rkg
2 issues framed by the court
Whether the applicant is entitled to bail despite alleging weak linkage to the crime and lack of prior history.
Whether the apprehension of tampering with witness or threat to the complainant justifies bail release.
Nasibul Khan
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
