The Single Judge allowed bail to an applicant facing charges under IPC and other Acts. Finding no credible evidence and no role in the alleged offence, the court released him on a personal bond with two sureties.
Applicant released on bail on executing a personal bond and furnishing two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15769 of 2019
Applicant :- Mazahir Husain Opposite Party :- State Of U.P. Counsel for Applicant :- Nipun Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant as well as Sri Balwant Pratap Singh, learned A.G.A. for the State of U.P and perused the material available on record.
Applicant happens to be fair price shop-keeper and claims to be innocent and has been falsely implicated in this case. He has no role to play in the commission of the offence. No offence has been committed by the applicant. There is no credible evidence appearing against the applicant to connect him with the alleged offence. The allegations made in the F.I.R. is false and the applicant has no concern with the offence in question. He has not committed any irregularity in the distribution of food grains and the articles were correctly distributed among the ration card holders. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. Similarly situated persons with same degree of accusation have already been enlarged on bail vide various passed by coordinate Bench of this Court, copies of the same have been annexed with bail application. The applicant has no previous criminal history and is languishing in jail since 26.03.2019.
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 - Mazahir Husain involved in Case Crime No. 432 of 2018, under Sections - 420, 467, 468, 471/ 34 I.P.C., Sections - 65/66 I.T. Act and Sections - 3/7 of the Essential Commodities Act, 1955, Police Station - Dhampur, District - Bijnor 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 :- 13.5.2019 Pcl
2 issues framed by the court
Whether the applicant is entitled to be released on bail given the lack of credible evidence against him.
Whether the applicant poses a risk of absconding or tampering with witnesses.
3 provisions across 3 enactments
Mazahir Husain
State Of U.P.
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
