Criminal Miscellaneous Bail Application in which Court No. 60 granted bail to the applicant, Aqib Quraishi, who was falsely implicated, requiring a personal bond and two sureties.
Released on bail by executing a personal bond and furnishing two sureties.
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. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39576 of 2018
Applicant :- Aqib Quraishi Alias Sonu Opposite Party :- State Of U.P. Counsel for Applicant :- Ashish Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. 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 this case. Similarly circumstanced co-accused Abdul Qadir @ Shelly has already been admitted to bail by this Court vide order dated 31.10.2018 in Criminal Misc. Bail Application No.41997 of 2018. The applicant does not bear any criminal history and is languishing in jail since 30.08.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. 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 Aqib Quraishi @ Sonu involved in Case Crime No.570 of 2018, under Sections 489B, 489C I.P.C., Police Station Shivpur, District Varanasi 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 :- 27.11.2018
rkg
2 issues framed by the court
Whether the applicant is entitled to bail considering the prima facie satisfaction of the Court in support of the charge and reasonable apprehension of tampering with witnesses.
Whether a personal bond and sureties are sufficient conditions for releasing the applicant on bail.
Aqib Quraishi Alias Sonu
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
