Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45886 of 2018 Applicant :- Bablu Opposite Party :- State Of U.P.
Counsel for Applicant :- Dwijendra Prasad 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 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 applicant is said to have been present on the spot which is incorrect, whereas, the applicant was standing at sufficient distance from the spot but he has been roped in falsely in this case and false recovery has been planted against him. The vehicle recovered was not connected with the crime. The applicant does not bear any criminal history and is languishing in jail since 07.10.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. 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 Bablu involved in Case Crime No.586 of 2018, under Sections 379, 411, 414 I.P.C., Police Station Sirsaganj, District Firozabad 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 :- 30.11.2018 rkg