Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48435 of 2018 Applicant :- Chandrahas Singh @ Sipu Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Jitendra Partap Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Vakalatnama filed by Sri Ranvijay Singh, Advocate on behalf of the complainant is accepted and taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant, 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. The recovery of mobile phone from the possession of the applicant is not supported by any independent public witness. Moreover, the IMEI number in fact does not tally with the SIM allegedly recovered from the possession of the applicant. Offence alleged is triable by the Magistrate Ist Class. The applicant has no criminal history and is languishing in jail since 21.10.2018. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.
Learned A.G.A. 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 - Chandrahas Singh @ Sipu Singh involved in Case Crime No. 532 of 2018, under Sections - 386, 504, 507 I.P.C., Police Station - Bhelupur, District - Varanasi 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 :- 18.12.2018 S Rawat