Mohd. Kaif v. State of U.P.

Court No. - 42

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42457 of 2018

Applicant :- Mohd. Kaif Opposite Party :- State Of U.P. Counsel for Applicant :- Irshad Ahmad 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. Nothing incriminating has been recovered from the possession of the applicant. The alleged incident took place on 24.3.2018 at 6 A.M. whereas the applicant was falsely arrested on 1..7.2018. There is no independent public witness to the fact of recovery. Identification of the applicant was not made. The applicant will not abscond if he is released on bail. The applicant is languishing in jail since 1.7.2018.

Learned AGA has opposed prayer for bail.

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.