The Court allowed bail to the applicant Kayyum Ali accused under various sections of IPC, finding prima facie satisfaction of the charge and reasonable apprehension of tampering with evidence or witness.
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. - 3240 of 2019
Applicant :- Kayyum Ali Opposite Party :- State Of U.P. Counsel for Applicant :- Mazhar Ullah 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 police after arresting the applicant has slapped false cases against him. The applicant 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. Nothing incriminating has been recovered from possession of the applicant. Factum of recovery is denied. Offence alleged is triable by the Magistrate Ist Class. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant is languishing in jail since 16.11.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. 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. Accordingly, bail application is allowed.
Let the applicant Kayyum Ali involved in Case Crime No.637 of 2018, under Sections 414, 420, 468, 411 I.P.C., Police Station Ganj, 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 :- 23.1.2019
rkg
2 issues framed by the court
Whether bail should be granted to the applicant in the specified criminal case.
Whether there is reasonable apprehension of tampering with witness or threat to complainant justifying bail.
1 provisions across 1 enactments
Kayyum Ali
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
