Mohd Nasir v. State of U.P.
Case brief
What is this about?
The court allowed a bail application filed by Mohd Nasir, citing innocence, lack of absconding risk, and prima facie satisfaction of charges under IPC and IT Act.
What did the court decide?
Release on bail on personal bond and two sureties in the like amount.
What the court decided
Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3160 of 2019
Applicant :- Mohd Nasir Opposite Party :- State Of U.P. Counsel for Applicant :- Rajiv Sisodia,Dhirendra Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA 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. License of the applicant to run the Service Centre has been found to be correct, even then the applicant has been deliberately roped in this case by the police. Criminal history of the applicant has been explained under Paragraph No.16 of the affidavit filed in support of this bail application. Offence alleged is triable by the Magistrate Ist Class. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant is languishing in jail since 9.12.2018.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Without entering into merit 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.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to be released on bail without entering into the merit of the case.
Whether the applicant has reasonable apprehension of tampering with witnesses or threat to the complainant.
Parties & counsel
- applicant
Mohd Nasir
Coram
Arvind Kumar Mishra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/3160/2019
Similar cases
Judgements on the same questions, provisions and authorities, from every court