Parvez v. State of U.P.

Court No. - 42

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43259 of 2018

Applicant :- Parvez Opposite Party :- State Of U.P. Counsel for Applicant :- Nipun 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. The name of the applicant has been deliberately spelt by the informant at later stage. In his statement recorded under Section 161 Cr.P.C., the informant has not spelt name of the applicant. However, at the instance of the police, name of the applicant has surfaced in this case. The applicant does not bear any criminal history, in case he is admitted to bail, there is no possibility of absconding and misusing the bail. The applicant is languishing in jail since 18.09.2018.

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.