Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37289 of 2018 Applicant :- Damodar Das Upadhayay Opposite Party :- State Of U.P.
Counsel for Applicant :- Lav Srivastava,Shri V.P Srivastava, Senior Advocate,Sri V.P. Srivastava, Senior Advocate Counsel for Opposite Party :- G.A.,Vikash Chandra Tiwari
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State of U.P and perused the material available on record.
By way of supplementary affidavit, learned counsel for the applicant has engaged attention of this Court to the deposition of Rs.9,12,000/- in the name of the society concerned. Copy whereof has been placed on record and specific averments to that effect have been made under Paragraph No.4 of the supplementary affidavit. Criminal history of the applicant has been satisfactorily explained under paragraph no.18 of the affidavit to the bail application. Offence alleged is triable by the Magistrate Ist Class. The applicant is languishing in jail since 31.7.2018. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.
Learned counsel for the informant/complainant, Sri Vikash Chandra Tiwari has opposed prayer for bail, however, he has not disputed the fact that deposition of Rs.9,12,000/- has been made with the concerned society.
Learned A.G.A. has also not disputed the aforesaid fact.
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 - Damodar Das Upadhayay involved in Case Crime No. 311 of 2018, under Sections - 420, 406, 467, 468, 471 I.P.C., Police Station - Indrapuram, District - Ghaziabad 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