Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17586 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 as well as learned AGA 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 was not caught on the spot. Nothing incriminating has been recovered from the possession of the applicant. There is no credible evidence appearing against the applicant to connect him with the alleged offence. Criminal history of the applicant has been explained under under paragraph nos. 12 to 17 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. Co-accused Sonu Khan with same degree of accusation has already been enlarged on bail by this court vide order dated 5.4.2019 passed in Criminal Misc. Bail Application No. 14257 of 2019. The applicant is languishing in jail since 1.4.2019.
Learned AGA 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 - Gajendra Singh @ Munna Singh involved in Case Crime No. 09 of 2019, under Sections - 379 I.P.C. and 3/57/7 of U.P. Minor Mineral (Concession) Rules, 1963 and section 4/21 Mines Mineral 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 :- 26.4.2019/ Pcl