Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8140 of 2019 Applicant :- Akhilesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Parmeshwar Yadav 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.
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. The F.I.R. is concocted and has been lodged by the informant on the ground of animosity with the applicant. The story of C.C.T.V. footage set up in the F.I.R. is absolutely baseless and no C.C.T.V. footage has been collected by the Investigating Officer during the investigation, though the charge-sheet has been filed against the applicant. Co- accused Vashishth has already been admitted to bail by this Court vide order dated 14.02.2019 in Criminal Misc. Bail Application No.6584 of 2019. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant does not bear criminal history and is languishing in jail since 11.12.2018.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
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.
Accordingly, bail application is allowed.
Let the applicant - Akhilesh involved in Case Crime No. 819 of 2018, under Sections - 457, 380, 411 I.P.C., Police Station - Kotwali Sadar, District - Maharajganj 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 :- 25.2.2019 rkg