Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44521 of 2018 Applicant :- Arvind Rajak @ Vasu Opposite Party :- State Of U.P.
Counsel for Applicant :- Qazi Vakil Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is not named in the FIR. He further submits that the applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. The police has planted false recovery against the applicant. Nothing incriminating has been recovered from the possession of the applicant. There is no independent public witness to support the factum of recovery. Criminal history of the applicant has been satisfactorily explained by the learned counsel for the applicant in paragraph no.6 to the affidavit filed in support of this bail application. The applicant is languishing in jail since 16.5.2018 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant - Arvind Rajak @ Vasu involved in Case Crime No.525 of 2018, under Sections 457, 380, 411 IPC, Police Station - Chakeri, District - Kanpur 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 :- 29.11.2018 S Rawat