Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8216 of 2019 Applicant :- Gabbar Singh @ Mahavir Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Salman Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, 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 happens to be driver of the vehicle in question. Nothing incriminating has been recovered from the possession of the applicant. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since11.12.2018.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant - Gabbar Singh @ Mahavir Singh involved in Case Crime No.243 of 2018, under Sections 407, 411, 420 I.P.C., Police Station Kadaura, District Jalaun 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 :- 26.2.2019/S Rawat