Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33755 of 2019 Applicant :- Arvind Verma Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Bahadur Shivhare 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 is that in this case, the bare perusal of the statement of the informant, who is none other than the mother of the deceased as well as the applicant has herself stated the correct story, which establishes fact that the applicant has acted in self defence and has not committed any offence. Initially, the assault was opened by the deceased himself and the applicant acted only in self defence, otherwise he would have been killed. 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 22.03.2019.
Learned A.G.A. has opposed prayer for bail.
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 - Arvind Verma involved in Case Crime No. 51 of 2019, under Sections - 304 Indian Penal Code, Police Station - Biwar, District - Hamirpur 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 :- 21.8.2019 S Rawat