Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No.
- 41333 of 2018 Applicant :- Apsar Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Kumar Gupta 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.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case. He further submitted that the truck conveying the sand/soil in question was very much confirmed by the Ravanna. Copy whereof has been placed on record as Annexure No.2 and applicant claims that he is driver in the employment/owner of the vehicle in question. The applicant has no criminal history and is languishing in jail since 4.9.2018.
Learned AGA has opposed prayer for bail. However, learned AGA 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 Apsar involved in Case Crime No.183 of 2018, under Sections 379, 411, 279, 336, 431, 432, 120-B I.P.C., under Section-4 and 21 Mines & Minerals (Development & Regulation) Act, 1957 and under Section-3 and 5 Prevention of Damage to Public Property Act, 1984, Police Station Panwadi, 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 :- 29.10.2018 S Rawat