Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23191 of 2019 Applicant :- Dharamveer @ Fauji Opposite Party :- State of U.P.
Counsel for Applicant :- Akshay Kumar Shukla,Ishan Deo Giri Counsel for Opposite Party :- G.A.,Vimlendu Tripathi
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, Sri Satyanand Tripathi, learned counsel holding brief of Sri Vimlendu Tripathi, learned counsel for the informant, learned A.G.A. for the State of U.P and perused the material available on record.
Contention, in brief, is that at later stage of the case, statement of Km. Jyoti was recorded, wherein only the name of the applicant along with another co-accused- Anuj has surfaced, on that basis, the applicant has been roped- in in this case. However, the case of the applicant is at par with that of co-accused- Anuj, who has already been admitted to bail by co-ordinate Bench of this Court. Copy of bail order has been annexed as Annexure No. 13 to the affidavit filed in support of this bail application. Criminal history of the applicant has been explained in paragraph no.36 of the affidavit filed in support of this bail application. 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 02.05.2019.
Sri Satyanand Tripathi, learned counsel, holding brief of Sri Vimlendu Tripathi, learned counsel for the informant and learned A.G.A. have 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 - Dharamveer @ Fauji involved in Case Crime No. 702 of 2016, under Sections - 147, 148, 149 and 302 I.P.C., Police Station - Dataganj, District - Budaun 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 :- 29.10.2021 / S Rawat