Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44609 of 2018 Applicant :- Ashok And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.,Jai Singh Yadav
Hon'ble Arvind Kumar Mishra-I,J.
Learned counsel for the applicants has filed supplementary affidavit, the same is taken on record.
Heard learned counsel for the applicants as well as Sri Jai Singh Yadav, learned counsel for the informant and learned A.G.A. for the State and perused the material brought on record.
In this case, earlier an investigation was made, wherein Final Report was submitted, thereafter complaint case was filed, which was treated to be a complaint case and statement was recorded. Nothing incriminating in fact has been recovered from the possession of the applicants. Criminal history of the applicants has been explained in supplementary affidavit filed in support of the bail application. The applicants are languishing in jail since 12.10.2018.
Learned A.G.A. has opposed prayer for bail. However, he 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 applicants are entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicants Ashok and Halka involved in S.S.T. No.25 of 2018 Relating to Complaint Case No.02/2016 (Case Crime No. 618/2015) (Harish Chandra Vs. Setu and others), under Sections - 395, 397 I.P.C., Police Station - Narahat, District - Lalitpur be released on bail on their 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