Single judge allowed a criminal bail application for Mohd. Zafar accused of forgery and cheating offences. Bail granted based on reasonable apprehension of witness tampering and prima facie case without adjudicating merits.
Release on bail by executing a personal bond and furnishing two sureties each in like amount.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6070 of 2019
Applicant :- Mohd. Zafar Opposite Party :- State Of U.P. Counsel for Applicant :- Abdul Mazeed 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 name of the applicant has surfaced in the confessional statement of the coaccused. Offence is triable by Magistrate First Class. 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. The applicant has no criminal history and is languishing in jail since 05.01.2019 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- Mohd. Zafar involved in case crime no.05 of 2019, under Sections 41/102 Cr.P.C. and Sections 411, 413, 420, 467, 468, 471 IPC, Police Station Shishgarh, district Bareilly 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 :- 11.2.2019
Raj
2 issues framed by the court
Whether to grant bail to the applicant who claims innocence due to false implication.
Whether the apprehension of tampering with witnesses warrants bail release.
8 provisions across 2 enactments
Mohd. Zafar
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
