Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8030 of 2018 Applicant :- Bachan Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhil Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri Akhil Kumar Shukla learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 Cr.P.C. has been moved by the accused-applicant Bachan, who is involved in Case Crime No. 217 of 2017, under Section 5/25 Arms Act, Police Station - Vishungarh, District - Kannauj.
As per prosecution version, on 08.11.2017 at about 04.30 P.M., five country-made gun and 'tamancha' were recovered from the joint possession of applicant and co-accused Kamlesh @ Kaushal Kumar.
Learned counsel for the applicant contended that the applicant have been falsely implicated in this case. No offence, whatsoever is made out against him. Absolutely baseless and concocted allegations have been levelled against the applicants, who is innocent. Moreover, there is no public witness of the alleged recovery. The applicant is not a previous convict and is languishing in jail since 08.11.2017.
Per contra, learned A.G.A. has opposed the prayer for bail.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant - Bachan be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Accordingly, the instant bail application is allowed. Order Date :- 27.3.2018 I. Batabyal