Imran v. State of U.P.

Court No. - 60

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47177 of 2018

Applicant :- Imran Opposite Party :- State Of U.P. Counsel for Applicant :- Rafeek Ahmad Khan 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 applicant is not named in the first information report. Similarly circumstanced co-accused Salman has already been admitted to bail by this Court vide order dated 29.11.2018 in Criminal Misc. Bail Application No.45686 of 2018. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and is languishing in jail since 30.09.2018.

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.