Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7910 of 2019 Applicant :- Aliraj And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Himanshu Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants as well as learned AGA 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 applicants are innocent and have been falsely implicated in this case. The applicants are not named in the first information report. No offence has been committed by the applicants. Nothing incriminating has been recovered either from the possession or from pointing out of the applicants. Criminal history of the applicants has been explained under paragraph no.18 of the affidavit filed in support of this bail application. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicants are languishing in jail since 29.11.2018.
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 applicants are entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Aliraj and Shakeel involved in Case Crime No. 528 of 2018, under Sections - 379 & 411 I.P.C., Police Station - Kotwali Padrauna, District - Kushi Nagar be released on bail on their 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 S Rawat