Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3897 of 2019 Applicant :- Anubhav Shukla Opposite Party :- State Of U.P.
Counsel for Applicant :- Narendra Kumar Singh 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.
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. He was not possessing any weapon on the spot. Applicant was neither possessing any weapon on the spot and nor he has caused any specific injury of grievous nature. The injury in the form of lacerated wound on the thigh of the victim - Neeraj Dixit, as indicated in the medical examination report (copy whereof is Annexure No.2) was in fact, as per statement of the victim himself caused by co-accused - Vishesh Shukla. 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 criminal history and is languishing in jail since 9.11.2018.
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 - Anubhav Shukla involved in Case Crime No. 1222 of 2018, under Sections - 147, 148, 149, 307, 427, 504 I.P.C., Police Station - Kotwali Farrukhabad, District - Farrukhabad 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 :- 29.1.2019 S Rawat