Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31171 of 2017 Applicant :- Balvinder Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Sharma Counsel for Opposite Party :- G.A.,Mohammad Khalid
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.
The applicant claims to have been falsely implicated in this case. Rs.8,00,000/- have been deposited in the bank account no.22380500000940 maintained in the name of the informant and whatever outstanding is due, shall be found to be due against the applicant who will also deposit the same within reasonable time provided he is admitted to bail. The applicant is languishing in jail since 28.05.2017.
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 Balvinder Singh involved in Case Crime No.780 of 2016, under Sections 420, 465, 467, 468, 471, 120B I.P.C., Police Station Khutar, District Shahjahanpur 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.
It is made clear that the outstanding amount, if any, is due, shall be deposited by the applicant. In case the outstanding amount is not deposited by the applicant, the informant may move an application for cancellation of bail before the court concerned.
Order Date :- 19.12.2018 rkg