Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25838 of 2021 Applicant :- Atarpal Opposite Party :- State of U.P.
Counsel for Applicant :- Devendra Saini,Umesh Singh Counsel for Opposite Party :- G.A.,Bhuvnesh Kumar Singh
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, Sri Bhuvnesh Kumar Singh, learned counsel for the informant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Urge made on behalf of the applicant has been confined to the ambit that in this case, applicant is innocent and has been falsely implicated in this case. General and vague allegations have been made against the applicant. It is a cross case and both the sides sustained injuries. There is no specification that the applicant was either instrumental or he caused injury on the head of the deceased which proved to be fatal. It has not been ascertained as to who caused fatal blow to the deceased. In case the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant is languishing in jail since 10.05.2021 Learned counsel for the informant and learned A.G.A. 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 Atarpal involved in case crime no.120 of 2021, under Sections 147, 149, 304, 323, 452 I.P.C., Police Station Haldaur, district Bijnor 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 :- 26.10.2021 rkg