Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48626 of 2018 Applicant :- Abhishek Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilesh Srivastava,Saksham Srivastava,Sri V.P. Srivastava, Senior Advocate Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
By way of instant bail application, prayer has been made to enlarge the applicant on bail in Case Crime No. 256 of 2018, under Sections 302/34/120B of the Indian Penal Code, 1860, Police Station - Khair, District - Aligarh.
As per prosecution version, on 12.04.2018 at about 08.00 P.M., two unknown persons committed the murder of one Vijay Kumar Gangal, father of informant Sheetal Gangal.
Learned counsel for the applicant contended that the applicant has been made accused in the present case on the basis of confessional statement of co-accused Puneet Agarwal before the police. Later on, a false recovery of motorcycle alleged to have been used in the commission of the crime, on the information of the applicant, was shown. The applicant has no criminal antecedents and is languishing in jail since 29.09.2018.
Per contra, learned A.G.A. has opposed the prayer for bail, however, admitted this fact that except the confessional statement of co-accused Puneet Agarwal and alleged recovery of motorcycle, there is no evidence against the applicant.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
In view of above, the prayer so made is accepted and accordingly, the instant application stands allowed.
Let the applicant - Abhishek be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 20.12.2018 I. Batabyal