Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42834 of 2018 Applicant :- Devanand Alias Deva And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicants has been confined to the extent that the applicants are innocent and have been falsely implicated in this case. The applicants are not named in the first information report. Nothing incriminating in fact has been recovered from the possession of the applicants. There is no independent public witness to the fact of recovery. Factum of recovery is denied. Their arrest was deliberately made by the police. The applicants are languishing in jail since 7.7.2018. The applicants undertake that if they are admitted to bail, they will neither abscond nor misuse the liberty so granted to them.
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 applicants are entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicants - Devanand alias Deva and Aanu alias Bhim Prakash involved in Case Crime No. 381 of 2018, under Sections - 395, 412, 120B I.P.C., Police Station - Iglas, District - Aligarh 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 :- 27.11.2018 S Rawat