Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45489 of 2018 Applicant :- Aman Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashwani Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. The police has planted false recovery against the applicant. Nothing incriminating has been recovered from possession of the applicant. The police after arresting the applicant has planted false recovery from the possession of the applicant and there is no independent or public witness of the alleged recovery. Offence alleged is triable by the Magistrate Ist Class. The applicant has no criminal history and is languishing in jail since 18.10.2018. The applicant undertakes that if he is admitted to bail, he will neither abscond nor misuse the liberty so granted to him.
The learned A.G.A. has vehemently opposed the prayer. However, he has not disputed the aforesaid facts.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Aman Yadav involved in case crime no.0253 of 2018, under Sections -411, 413, 414, 420, 467, 468, 471 IPC, Police Station - Saifai, District - Etawah 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 :- 28.11.2018 S Rawat