Farukh @ Jan Mohammad Vs State of U.P.

Court No. - 42

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39572 of 2018

Applicant :- Farukh @ Jan Mohammad Opposite Party :- State Of U.P. Counsel for Applicant :- Kamini Pandey (Dubey),Anand Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant and the learned A.G.A. for the State.

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Argument on behalf of the applicant has been extended to the effect that in this case, applicant is not named in the FIR. He further submits that the applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. The police has planted false recovery against the applicant. Nothing incriminating has been recovered from possession of the applicant. Factum of recovery is absolutely denied by the applicant. He further submits that other coaccused, namely, Shakir, Sonu, Shahrukh and Sameer have been admitted to bail by this Court, copies of the same have been annexed as Annexure No.3 to the application. The applicant has no criminal history and is languishing in jail since 26.07.2018 in the present case.

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The learned A.G.A. has vehemently opposed the prayer.

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Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.

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Let the applicant- Farukh @ Jan Mohammad involved in case crime no.1105 of 2017, under Sections 395, 452, 506, 414 IPC, Police Station- Kotwali, district- Mathura 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.

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Order Date :- 12.10.2018

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Raj

Farukh @ Jan Mohammad v. State of U.P.

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Farukh @ Jan Mohammad v. State of U.P.

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