Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45416 of 2018 Applicant :- Anil Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Bhawesh Pratap Singh,Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant 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. Nothing incriminating in fact has been recovered from the possession of the applicant. There is no independent public witness to the fact of recovery.The police has planted false recovery against the applicant. Similarly circumstanced co- accused Surendra Kumar @ Suneel has been admitted to bail by this Court vide order dated 26.11.2018 in Criminal Misc. Bail Application No.44910 of 2018. He adds that if the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant is languishing in jail since 2.4.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. 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 - Anil Kumar involved in Case Crime No.190 of 2018, under Sections - 379, 411 I.P.C., Police Station Soraon District Allahabad 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