The court allowed a bail application filed by Mukhtar Ahmad, who was accused under Sections 420 and 467 IPC, dismissing the prosecution's opposition without expressing an opinion on the merits of the case.
Applicant released on bail on executing a personal bond and furnishing two sureties to the satisfaction of the court concerned.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6687 of 2019
Applicant :- Mukhtar Ahmad Opposite Party :- State Of U.P. Counsel for Applicant :- Mohammad Mustafa,Afshan Shafaut 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 by the informant on account of enmity. The applicant has no role to play in the commission of the offence. He happens to be marginal witness of the sale deed in question and he is not the beneficiary of the transaction in question. 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 16.01.2019 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- Mukhtar Ahmad involved in Complaint Case No.1524 of 2015 (Vijendra Nath Shukla vs. Rajendra Nath and others) under Sections 420, 467 IPC, Police Station Siddharth Nagar, District Siddharthnagar 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 :- 15.2.2019
Raj
1 issue framed by the court
Whether bail should be granted to the applicant accused under Sections 420, 467 IPC despite allegations of enmity and false implication.
Mukhtar Ahmad
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
