The court allowed Criminal Misc. Bail Application filed by Mohd. Anwar in a case concerning affray and criminal intimidation. The applicant was released on personal bond and sureties.
Released on bail by executing a personal bond and furnishing two sureties.
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Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42510 of 2018
Applicant :- Mohd. Anwar Opposite Party :- State Of U.P. Counsel for Applicant :- Bhaju Ram Pprasad Sharma,Mool Chandra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, 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 factum of incident has not been supported by any independent public witness. Under the similar circumstances co- accused have been admitted to bail by this Court on 28.09.2018 in Criminal Miscellaneous Bail Application No.36928 of 2018, copy whereof has been annexed as Annexure No.4 to the affidavit filed in support of this bail application. The applicant has no criminal history and is languishing in jail since 04.09.2018 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
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.
Let the applicant- Mohd. Anwar- involved in case
crime no.363 of 2018, under Sections 147, 148, 149, 386, 504, 506 IPC, Police Station- Pipari, district- Kaushambi 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 :- 12.11.2018
Raj
1 issue framed by the court
Whether the applicant, falsely implicated with no role in the offence, should be granted bail due to risk of witness tampering.
Mohd. Anwar
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
