Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17403 of 2019 Applicant :- Gajendra Singh @ Munna Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Tarun Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,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. Nothing incriminating has been recovered from the possession of the applicant. Factum of recovery has not been supported by any independent public witness. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant is languishing in jail since 1.4.2019 in the present case. Criminal history of the applicant has been satisfactorily explained by the applicant in paragraph no.13 to the affidavit filed in support of this bail application.
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- Gajendra Singh @ Munna Singh, involved in case crime no.242 of 2017, under Sections 379, 411, 504, 332, 353 IPC and Section 3/57/4 U.P. Mineral Concession Act, Police Station Mahobkanth, district Mahoba 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 :- 25.4.2019 Kamarjahan