Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29963 of 2019 Applicant :- Dharmveer Opposite Party :- State Of U.P.
Counsel for Applicant :- Shiv Mangal Pandey 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 has no role to play in the commission of the offence. He has no motive to commit the offence as such. Assuming it to be that any incident took place on the spur of the moment, even then both sides are related to each other, mere a little altercation resulted into scuffle between the deceased and the informant. The applicant had neither motive nor men rea to commit the offence. In case the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 29.11.2018.
Learned A.G.A. 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 Dharmveer involved in Case Crime No.92 of 2018, under Sections 304, 323, 504, 506 I.P.C., Police Station Sunngarhi, District Kasganj 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 :- 26.7.2019 rkg