Azam v. State of U P

Court No. - 50 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24041 of 2021

Applicant :- Azam Opposite Party :- State Of U P Counsel for Applicant :- Imtyaz Ahmad,Dr. Arun Srivastav 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.

Argument on behalf of the applicant has been extended to the effect that in this case, applicant is not named in the F.I.R. He further submits that the appellant is innocent and has been falsely implicated in this case on account of enmity and village partibandi . The appellant has no role to play in the commission of the offence. There is no credible evidence appearing against the applicant to connect him with the alleged offence. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 01.03.2021.

Learned A.G.A. has opposed prayer for bail.

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.