In Criminal Misc. Bail Application No. 41668 of 2018, the court allowed the bail application of Mursleen, holding that he is a marginal witness facing severe punishments. No opinion was expressed on merits.
Applicant released on bail by executing a personal bond and furnishing two sureties each.
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. - 41668 of 2018
Applicant :- Mursleen Opposite Party :- State Of U.P. Counsel for Applicant :- Dhiraj Kumar Pandey 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 this case. The applicant claims to be marginal witness. The applicant is not beneficiary of the transaction. Assuming it to be that any offence has been committed even then the fact is that the registered transaction has been got cancelled by the appropriate proceeding. The applicant does not bear any criminal history and is languishing in jail since since 27.08.2018.
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 Mursleen involved in Case Crime No.484 of 2015, under Sections 420, 467, 468, 471, 504, 120B I.P.C., Police Station Jhinjhana, District Shamli 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 :- 30.10.2018
rkg
2 issues framed by the court
Whether the applicant is entitled to bail considering the facts and circumstances of the case including reasonable apprehension of tampering with witnesses.
Whether the applicant has a criminal history and is a marginal witness in the case.
Mursleen
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
