This judgment grants bail to the applicant, Asif, in a criminal matter. The court allowed the bail application without expressing an opinion on merits, considering the allegations false and the lack of incriminating evidence against the applicant.
Accused released on bail on executing a personal bond and furnishing two sureties each in the like amount.
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Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43567 of 2018
Applicant :- Asif Opposite Party :- State Of U.P. Counsel for Applicant :- Mirza Ali Zulfaqar 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 is not named in the F.I.R. The applicant has no role to play in the commission of the offence. The case is triable by the Magistrate-I Class. Nothing incriminating has been recovered from possession of the applicant. There is no independent public witness to the fact of recovery. He adds that in case the applicant is released on bail there is no possibility of absconding and misusing the liberty of bail. There is no previous criminal history against the applicant. The applicant is languishing in jail since 17.09.2018.
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 Asif involved in Case Crime No. 886 of 2018, under Sections 458, 392, 411 IPC, Police Station Civil Lines, District Rampur 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 :- 16.11.2018/A. Tripathi
2 issues framed by the court
Whether the applicant is entitled to bail considering the facts and circumstances of the case.
Whether the applicant's innocence and lack of recovery justify release on bail.
Asif
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
