Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12520 of 2018 Applicant :- Brijesh Kumar Sharma@ B.C.
Opposite Party :- State Of U.P.
Counsel for Applicant :- Pratibha Singh,Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Supplementary affidavit filed today 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 the present case. The offences are triable by the Magistrate First Class. The police after arrest of the applicant slapped false cases against him. There is no independent witness to the factum of arrest and recovery. Criminal history of the applicant has been explained in paragraph 3 of the supplementary affidavit filed today in the Court. Similarly situated co- accused Vikram Sharma has been granted bail by another Bench of this Court vide order dated 23.4.2018 passed in Criminal Misc. Bail Application No. 13955 of 2018. The applicant is languishing in jail since 26.07.2017.
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 Brijesh Kumar Sharma @ B.C. involved in Case Crime No. 840 of 2017, under Sections 392, 411 I.P.C., Police Station Kotwali Nagar, District Etah, 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 Rmk.