The court allowed the bail application of Faheem and Zakir accused under IPC and Indian Forest Act provisions, noting their claim of being falsely implicated and lack of criminal history despite being on the run.
Release on bail with personal bond and two sureties each in the like amount.
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Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46390 of 2018
Applicant :- Faheem And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Irfan Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants 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 applicants has been confined to the extent that the applicants are innocent and have been falsely implicated in this case. The names of the applicants have surfaced in the confessional statement of the co-accused who was arrested on the spot. The applicants are said to be absconder. The applicants do not bear any criminal history and are languishing in jail since 01.11.2018.
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 applicants are entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicants Faheem and Zakir involved in Case Crime No.167 of 2018, under Sections 379, 411, 413 I.P.C., 26, 41, 42, 52 Indian Forest Act, Police Station Milak Khanam, District Rampur be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 5.12.2018
rkg
2 issues framed by the court
Whether the applicants are entitled to bail on grounds of being falsely implicated and absence of criminal history?
Whether reasonable apprehension of tampering with witnesses satisfies bail requirements in this case
2 provisions across 2 enactments
Faheem
Zakir
State of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
