This Criminal Misc. Bail Application was disposed of by allowing bail to the applicant, Wajid Husain. The High Court released him on personal bond and two sureties, noting a reasonable apprehension of tampering with witnesses while declining to express an opinion on the merits.
Applicant released on bail on executing a personal bond and furnishing two sureties.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1927 of 2019
Applicant :- Wajid Husain 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.
Sri Sanjay Singh has filed his power on behalf of the complainant, the same is taken on record.
Heard learned counsel for the applicant as well as learned counsel for the informant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. He further adds that Akbar, who is the main accused in this case has executed the sale deed fraudulently in favour the applicant. He further submits that applicant is the bonafide purchaser and he has been cheated by the Akbar. Applicant himself lodged the FIR against the main accused Akbar and others on 14.11.2018 in Case Crime No.789 of 2018 under Sections 420, 120-B, 406, 147, 148, 149, 307, 504, 506 IPC, copy whereof has been annexed as Annexure No.8 to the affidavit filed in support of this bail application. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 8.12.2018 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Wajid Husain- involved in case crime no.386 of 2018, under Sections 420, 467, 468, 471, 147, 323, 504, 506 IPC, Police Station Shahabad, 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 :- 16.1.2019
Raj
1 issue framed by the court
Whether bail should be granted to the applicant accused of cheating, forgery, and attempt to murder.
Wajid Husain
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
