Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41695 of 2018 Applicant :- Akshay Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjeev Kumar Trivedi 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.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. He further submitted that nothing incriminating infact has been recovered from the possession of the applicant. Criminal history of the applicant has been satisfactorily explained in the paragraph no.8 of the affidavit to the application. The case of the applicant is similar to that of co-accused Harshit Dwivedi and Shivansh Katiyar alias Happy, who have already been admitted to bail by this Court vide order dated 27.10.2018 in Criminal Misc. Bail Application No. 40958 of 2018. The applicant has no criminal history and is languishing in jail since 17.7.2018.
Learned AGA has opposed prayer for bail. However, learned AGA has not disputed the aforesaid facts.
Without expressing any opinion on merits 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-Akshay Singh involved in Case Crime No.185 of 2018, under Sections-392, 411 I.P.C., Police Station-Thathiya, District-Kannauj 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 :- 30.10.2018 S Rawat