Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30019 of 2019 Applicant :- Arjun Kushwaha Opposite Party :- State Of U.P.
Counsel for Applicant :- Mukesh Kumar 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.
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. General and vague allegations have been made, whereby the entire family of the applicant has been tried to roped in in this case for no worthy reason. The F.I.R. is outcome of animosity and village party bandi. In fact, dispute of landed property is going on between the informant and the applicant side. Both are neighbours. The main role of causing fatal blow has been assigned to co-accused- Khayali Kushwaha, therefore the case of the applicant is distinguishable from the aforesaid co-accused. 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 24.5.2019.
Learned A.G.A. has vehemently opposed the prayer for bail, however he has not disputed fact that general and vague allegations have been made against the applicant and the main role of causing assault has been imputed to Khayali Kushwaha.
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 - Arjun Kushwaha involved in Case Crime No. 233 of 2019, under Sections - -147, 323, 504 & 304 I.P.C., Police Station - Kotwali Padrauna, District - Kushinagar 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 :- 26.7.2019/S Rawat