Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45418 of 2018 Applicant :- Deepak Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjeev Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
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. The applicant is not named in the first information report. The applicant has no role to play in the commission of the offence. He has been falsely roped in by the police in this case. Similarly circumstanced co-accused Vinod Kumar Singh has already been admitted to bail by this Court vide order dated 21.5.2018 in Criminal Misc. Bail Application No.18921 of 2018.. The applicant has no previous criminal history and is languishing in jail since 13.10.2018. 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 - Deepak Kumar involved in Case Crime No.204 of 2018, under Sections 419, 420, 467, 468, 471, 120-B IPC, Section 4/21 of the Uttar Pradesh Mines and Minerals Act and Section 3/57/70 The Uttar Pradesh Minor Minerals Concession Act, Police Station - Robertsganj, District Sonbhadra 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 :- 28.11.2018 S Rawat