Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8136 of 2019 Applicant :- Deo Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Aditya Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as 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 applicant is not named in the first information report. Nothing incriminating has been recovered from the possession of the applicant. There is no public independent witness to the fact of recovery. Factum of recovery is denied. Co- accused Sunil Kumar has already been admitted to bail by this Court vide order dated 13.02.2019 in Criminal Misc. Bail Application No.6210 of 2019. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. Criminal history of the applicant has been explained under paragraph no.12 of the affidavit filed in support of this bail application. The applicant is languishing in jail since 05.12.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
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 Deo Kumar involved in Case Crime No.492 of 2018, under Sections 379, 411, 120B I.P.C., Police Station Civil Line, 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 :- 25.2.2019 rkg