Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45905 of 2018 Applicant :- Bhola Alias Raghuvendra Alias Rahul Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Learned counsel for the applicant has filed supplementary affidavit, the same is taken on record.
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. Except confessional statement of the co-accused - Rohit Singh, there is no other credible evidence connecting the applicant with the offence in question. Nothing incriminating in fact has been recovered from the possession of the applicant. Applicant has not gained anything wrongfully nor has he caused wrongful loss to any person. The police has slapped false case against the applicant. Criminal history of the applicant has been satisfactorily explained under various paragraphs of the supplementary affidavit filed in support of the bail application.The applicant is languishing in jail since 19.9.2018. The applicant undertakes that if he is admitted to bail, he will neither abscond nor misuse the liberty so granted to him.
Learned AGA has opposed prayer for bail. However, he 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 - Bhola Alias Raghuvendra Alias Rahul Yadav involved in Case Crime No. 13 of 2016, under Sections - 393, 420 I.P.C., Police Station - Dhata, District - Fatehpur 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 S Rawat