Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4170 of 2019 Applicant :- Arjun Opposite Party :- State Of U.P. Counsel for Applicant :- Bharat Singh 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. The police after arresting the applicant has slapped false cases against him and planted false recovery from his possession. Nothing incriminating has been recovered from the possession of the applicant and there is no independent public witness to the fact of alleged recovery. Co-accused Jitendra has already been admitted to bail by this Court vide order dated 11.02.2019 in Criminal Misc. Bail Application No.5898 of 2019. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. Criminal history of the applicant has been explained under paragraph no.3 of the supplementary affidavit. The applicant is languishing in jail since 19.11.2018.
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 - Arjun involved in Case Crime No.436 of 2018, under Sections - 411, 414, 420, 467, 468, 471 I.P.C., Police Station - Rajpura, District - Sambhal 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 :- 27.2.2019 rkg