Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43241 of 2018 Applicant :- Amit @ Pratap Opposite Party :- State Of U.P.
Counsel for Applicant :- Jadu Nandan Yadav,Arimardan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Learned counsel for the applicant has filed supplementary affidavit, the same is taken on record.
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 is that the applicant is the owner of readymade garment shop and he has been falsely implicated in this case. Nothing incriminating in fact has been recovered from the possession of the applicant. The FIR has been belatedly lodged. The police has planted false recovery from the possession of the applicant. The applicant is languishing in jail since 4.10.2018. In case, the applicant is admitted to bail, there is no possibility of his absconding or misuing the liberty of bail.
Learned AGA has opposed prayer for bail. However, he 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- Amit @ Pratap involved in Case Crime No. 845 of 2018, under Sections - 394, 411 I.P.C., Police Station - Chhibramau , 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 :- 29.11.2018 S Rawat