Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2612 of 2019 Applicant :- Anuj Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Dileep Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
While claiming innocence of the applicant, it has been submitted that in dispute between two brothers, the applicant has been made scapegoat and deliberately dragged in in this case. No offence has been committed by the applicant. Criminal history of the applicant has been explained under various paragraphs of the affidavit filed in support of the supplementary affidavit. Offence alleged is triable by the Magistrate Ist Class. 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 16.10.2018.
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 - Anuj Gupta involved in Case Crime No. 746 of 2018, under Sections - 380, 457, 411 I.P.C., Police Station - Kannauj, District - Kannauj 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 :- 21.1.2019 S Rawat