Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45093 of 2018 Applicant :- Dheeraj Yadav And 2 Other Opposite Party :- State Of U.P. Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State of U.P and perused the material available on record.
While describing various aspects of this case, it has been submitted on behalf of the applicants that some altercation took place on the taking of the bus ticket. The applicants were travelling in the bus from Auraiya to Dibiyapur and the conductor of the bus became infuriated and he in collusion with public created false story. Nothing incriminating has been recovered from possession of the applicants. There is no public independent witness to the fact of recovery. If the applicants are admitted to bail, there is no possibility of absconding and misusing the liberty of bail. The applicants do not bear any criminal history and are languishing in jail since 30.09.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. 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 Dheeraj Yadav, Manoj Singh Yadav, Devender involved in Case Crime No.664 of 2018, under Sections 332, 353, 395, 511, 412 I.P.C., Police Station Dibiyapur, District Auraiya be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
It is made clear that the applicants shall furnish one local sureties out of the two sureties.
Order Date :- 28.11.2018 rkg