Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45702 of 2018 Applicant :- Gaurav Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharmendra Singhal,Shivendra Raj Singhal,Vimal Kumar Counsel for Opposite Party :- G.A.,Ram Shiromani Yadav
Hon'ble Arvind Kumar Mishra-I,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard learned counsel for the applicant, learned counsel for the informant 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 claims to have deposited Rs.2,60,000/- in the bank account of the informant side. Copies of the settlement along with deposit slip of Rs.2,60,000/- and no dues certificate have been annexed as Annexure Nos.SA-2 and SA-3 to the supplementary affidavit. No offence has been committed by the applicant. Offence alleged is triable by the Magistrate Ist Class. In case the applicant is admitted to bail, there is no possibility of applicant's absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 28.08.2018.
Learned counsel for the informant has accepted contention so raised on behalf of the applicant.
Learned A.G.A. has not disputed the aforesaid facts.
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 Gaurav Yadav involved in Case Crime No.596 of 2016, under Sections 420, 467, 468, 471 I.P.C., Police Station Atrauli, District Aligarh 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.
Order Date :- 26.2.2019 rkg