Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20314 of 2018 Applicant :- Alok Saxena Opposite Party :- State Of U.P.
Counsel for Applicant :- Arun Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant 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 applicant is innocent and has been falsely implicated in this case. Merely on account of criminal history, the applicant has been involved by the police in this case. The applicant has nothing to do with the case. There is no public witness to the fact of recovery. Similarly circumstanced co-accused have been admitted to bail by this Court, whose bail orders have been annexed as annexure no.2 to the affidavit filed in support of the bail application. The applicant is languishing in jail since 12.09.2017.
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 Alok Saxena involved in Case Crime No.522 of 2017, under Sections 399, 402 I.P.C., Police Station Kotawali Fatehgarh, District Farrukhabad 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 subject to following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.5.2018 rkg