Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19867 of 2018 Applicant :- Balwant Singh Urf Babbu Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Upendra Kumar Tiwari 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. Similarly circumstanced co-accused Subhash Chandra has been admitted to bail by this Court vide order dated 22.05.2018 in Criminal Misc. Bail Application No.19096 of 2018. The applicant does not bear any criminal history and is languishing in jail since 14.01.2018.
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 Balwant Singh Urf Babbu Yadav involved in Case Crime No.49 of 2018, under Sections 411, 414 I.P.C., Police Station Chakeri, District Kanpur Nagar 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 :- 31.5.2018 rkg