Single judge ordered bail for the applicant, who claimed innocence and alleged false implication, granting relief based on reasonable apprehension of tampering and prima facie case without deciding on merits.
Applicant released on bail by executing a personal bond and furnishing two sureties each in the like amount.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2141 of 2019
Applicant :- Musfiq Quraishi @ Golu Opposite Party :- State Of U.P. Counsel for Applicant :- Arun Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant 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. The police has planted false recovery against the applicant. Nothing incriminating has been recovered from the possession of the applicant. Factum of recovery has not been supported by any independent public witness. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. Criminal history of the applicant has been satisfactorily explained by the applicant in paragraph no.3 to the affidavit filed in support of this bail application. The applicant is languishing in jail since 12.9.2018 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- Musfiq Quraishi @ Golu involved in case crime no.1025 of 2018, under Sections 411, 413, 414, 420, 467, 468, 471 IPC, Police Station Chakeri, district Kanpur Nagar 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 :- 17.1.2019
Raj
2 issues framed by the court
Whether bail should be granted to the applicant accused of offences under Sections 411, 413, 414, 420, 467, 468, 471 IPC.
Whether the reasonable apprehension of tampering with witnesses and the severity of punishment preclude bail.
Musfiq Quraishi @ Golu
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
