Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41316 of 2018 Applicant :- Gaurav Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Purushottam Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant is pursuing his studies and he is a student of B.Sc. Ist Year. Actually, the uncle of the applicant was admitted at Farrukhabad on 28.8.2018 and the applicant was going to make a visit to him from Etah to Farrukhabad. When on way, the police falsely apprehended the applicant and planted false recovery of Bolero Jeep from his possession. The age of the applicant is 19 years. There was no occasion for him to have ever committed theft in the year 2010. Applicant has no criminal history and is languishing in jail since 30.8.2018.
Learned AGA has opposed prayer for bail. However, learned AGA 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 applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant Gaurav Yadav involved in Case Crime No.971 of 2018, under Sections 411, 414, 419, 420, 467, 468, 471 I.P.C., Police Station Kotwali Farrukhabad, District Farrukhabad 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 :- 29.10.2018 S Rawat