Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8910 of 2019 Applicant :- Anil Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar 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.
Applicant claims his innocence on ground that he himself has become a victim of the fraud played by the co- accused. He has got no connection with the crime in question. He in fact has been duped Rs. 1 lakhs, which he gave to co-accused - Pawan by way of cheque. Specific averments have been made under paragraph no.13 of the affidavit appended to the bail application. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no previous criminal history and is languishing in jail since 16.1.2019.
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 applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Anil Kumar involved in Case Crime No.
62 of 2019, under Sections - 420, 467, 468, 471, 120-B I.P.C., Police Station - Kotwali Nagar, District - Bulandshahar 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 :- 28.2.2019 S Rawat