Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39668 of 2018 Applicant :- Babloo Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyendra Narayan Singh,Chandra Nath Bhatt 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. The police after arresting the applicant has slapped false cases against him. The money allegedly recovered from possession of the applicant to the tune of Rs.19060/- belongs to him. Except above imputed recovery, no other material was recovered from possession of the applicant. The applicant is languishing in jail since 09.07.2018.
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 Babloo involved in Case Crime No.205 of 2018, under Sections 394, 411 I.P.C., Police Station Saidnagali, District Amroha 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 :- 12.10.2018 rkg