Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34105 of 2021 Applicant :- Ankush Opposite Party :- State of U.P.
Counsel for Applicant :- Satya Prakash Rathor,Ashish Pandey 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.
Urge made on behalf of the applicant has been confined to the ambit that in this case, applicant is innocent and has been falsely implicated in this case. General and vague allegations have been made against the applicant. It is a cross case and both the sides sustained injuries. Neither there is motive for the applicant to commit the offence in question nor is there specific allegation against the applicant for causing death to the deceased. The first information report was lodged against the informant's side wherein accused Veer Singh in criminal misc. bail application no.29945 of 2021 vide order dated 04.08.2021, Ramroop in criminal misc. bail application no.28866 of 2021 vide order dated 09.08.2021 and Toran Singh in criminal misc. bail application no.32952 of 2021 vide order dated 09.09.2021 have been admitted to bail by coordinate Bench of this Court. In case the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant is languishing in jail since 21.04.2021 Learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Ankush involved in case crime no.74 of 2021, under Section 302 I.P.C., Police Station Ajnar, district Mahoba 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 :- 26.10.2021 rkg