Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45492 of 2018 Applicant :- Arjun Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Bhardwaj 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.
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. Nothing incriminating in fact has been recovered from the possession of the applicant and there is no independent or public witness to the fact of alleged recovery. Similarly circumstanced co-accused Rahul has already been admitted to bail by the court below. The applicant is languishing in jail since 1.10.2018. The applicant undertakes that if he is admitted to bail, he will neither abscond nor misuse the liberty so granted to him.
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 - Arjun involved in Case Crime No. 1372 of 2018, under Sections - 379, 411 IPC, Police Station - Phase-3, District - Gautambudh Nagar 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 :- 28.11.2018 S Rawat