Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23856 of 2019 Applicant :- Ankit Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,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. It has been submitted that as per FIR the alleged payment of Rs. 8 lacs was made to co-accused Adesh Gurjar and that no specific role was assigned to the applicant. Applicant was implicated in this case merely on the ground that he is brother of co-accused Adesh Gurjar. Neither any promise has been made by the applicant to the complainant for getting his son recruited in the Army nor any money was demanded by the applicant nor any amount has been received by the applicant. No cheating, whatsoever, has been committed by the applicant. Two cases shown in criminal history of the applicant have been explained in para 23 of the affidavit filed in support of the bail application and in those cases the applicant is on bail. The applicant is languishing in jail since 20.4.2019.
Learned A.G.A. has opposed prayer for bail.
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 and also considering that alleged payment has been made to co-accused Adesh Gurjar, the applicant is entitled to be released on bail. Accordingly, bail application is allowed. Let the applicant Ankit involved in Case Crime No.135 of 2016, under Section 420, 467, 468, 471, 406, 504 and 506 I.P.C. PS.
Ganganagar, District Meerut 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 :- 10.6.2019 Rk