Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33190 of 2021 Applicant :- Amit Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Hari Om Ojha,Anil Kumar Srivastava (Senior Adv.),Sunil Kumar Singh Counsel for Opposite Party :- G.A.,Manjeet Kumar
Hon'ble Arvind Kumar Mishra-I,J.
Heard Sri Anil Kumar Srivastava, learned Senior Counsel assisted by Sri Hari Om Ojha, learned counsel for the applicant, Sri J.N. Gupta, Advocate holding brief of Sri Manjeet Kumar, learned counsel for the informant as well as learned A.G.A. 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. The applicant is not named in the first information report. Assuming it to be that any incident took place even then the role of firing was assigned to co-accused Sanni Singh and Raj Singh. The case of the present applicant is distinguishable from the other co-accused Sanni Singh and Raj Singh. The applicant is said to be conspirator of the alleged crime. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and he is languishing in jail since 04.04.2021.
Learned counsel for the informant and learned learned A.G.A. have opposed prayer for bail.
Upon consideration of 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 Singh involved in Case Crime No.83 of 2021, under Sections 302, 34, 120B I.P.C., Police Station Gagha, District Gorakhpur 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 :- 27.10.2021 rkg