This Single Judge Court granted bail to Rashid in a criminal case involving Sections 420, 406, 120-B IPC and Section 60 Excise Act. The court emphasized no express opinion on merits due to lack of prima facie evidence and reasonable apprehension of witness tampering.
Released on bail on executing a personal bond and furnishing two sureties each.
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Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44413 of 2018
Applicant :- Rashid Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar Srivastava 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. Police after arresting the applicant has slapped false case against him. Nothing incriminating has been recovered from the possession of the applicant and there is no independent public witness to the fact of alleged recovery. Offence alleged is triable by the Magistrate Ist Class. The applicant has no criminal history and is languishing in jail since 18.10.2018. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.
Learned AGA has opposed prayer for bail. However, he 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 - Rashid involved in Case Crime No. 1095 of 2018, under Sections - 420, 406, 120-B I.P.C. and Section - 60 Excise Act, Police Station - Massori, District - Ghaziabad 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 :- 18.12.2018 S Rawat
1 issue framed by the court
Whether the applicant is entitled to bail considering the nature of accusation and supporting evidence.
Rashid
Arvind Kumar Mishra
As recorded by the court registry
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