Arif v. State of U.P.

Court No. - 44

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40395 of 2018

Applicant :- Arif Opposite Party :- State Of U.P. Counsel for Applicant :- Saroj Kumar Dubey,Ashok Kumar Yadav 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. Similarly circumstanced co-accused Vineet, Rahul, Ashvani, Aditya Singh, Shoaib Alias Babboo have already been admitted to bail by this Court, copies whereof have been annexed as Annexure No.5 to the affidavit filed in support of this bail application. The applicant has no criminal history and is languishing in jail since 6.5.2018. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.

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.