Amir v. State of U.P.

Court No. - 42

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42811 of 2018

Applicant :- Amir Opposite Party :- State Of U.P. Counsel for Applicant :- Sandeep Kumar Singh 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. Recovery of the truck is alleged to have been made from joint possession of the accused including the present applicant. There is no independent public witness to the fact of recovery. Offence alleged is triable by the Magistrate Ist Class. The applicant does not bear any previous criminal history and is languishing in jail since 18.06.2018.

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.