Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22751 of 2019 Applicant :- Deependra @ Deepu Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Saxena Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,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. He has not committed any offence. Nothing incriminating has been recovered from the possession of the applicant and there is no independent public witness to the fact of alleged recovery. Alleged recovered money is claimed to be of accused-applicant. Moreover, the allegation/claim is confined to the stage of preparation only and the applicant, has been wrongly arrested by the police on false apprehension. Police after arresting the applicant has slapped false cases against him. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant is languishing in jail since 3.2.2019. Alleged criminal history has been duly explained in paragraph 9 of the affidavit.
Learned AGA has opposed prayer for bail.
Without entering into merit 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 -Deependra @ Deepu, involved in Case Crime No. 61 of 2019, under Sections - 398, 401, 411, 414 I.P.C., Police Station - Friends Colony, District - Etawah 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 :- 30.5.2019 Kamarjahan