Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34498 of 2021 Applicant :- Bantu @ Harkesh Opposite Party :- State of U.P.
Counsel for Applicant :- Subhash Gosain 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. There is no public independent witness to the fact of recovery. Nothing incriminating has been recovered from possession of the applicant. Factum of recovery is denied. The applicant has no role to play in the commission of the offence. No offence has been committed by the applicant. There is no credible evidence appearing against the applicant to connect him with the alleged offence. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and he is languishing in jail since 04.06.2021.
Learned A.G.A. has opposed prayer for bail.
Upon consideration of 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 Bantu @ Harkesh involved in Case Crime No.285 of 2021, under Sections 420, 467, 468, 471, 272, 273 I.P.C and Section 60 (a) of U.P. Excise Act, 1910, Police Station Khair, District Aligarh 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 :- 26.10.2021 rkg