Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45136 of 2018 Applicant :- Arendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Vidya Bhaskar 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.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case.The applicant has no role to play in the commission of the offence. Learned counsel engaged attention of this court to Annexure No.4 of the affidavit to this bail application, wherein a compromise entered into between the parties in this case and no grievance exist for the time being. Offence alleged is triable by the Magistrate Ist Class. The applicant has no criminal history and is languishing in jail since 25.10.2018. In case the applicant is released on bail there is no possibility of his absconding or misusing the liberty of bail.
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 - Arendra Singh involved in Case Crime No.842 of 2017, under Section - 406 I.P.C., Police Station - Nigohi, District - Shahjahanpur 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 :- 27.11.2018 S Rawat