Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41911 of 2018 Applicant :- Gautam Opposite Party :- State Of U.P. Counsel for Applicant :- Ruchita Jain Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,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 police has falsely planted recovery against the applicant. There is no independent public witness of the recovery. Out of three persons, two persons have been admitted to bail. The case of the applicant is on better footing than the other co-accused persons. The bail order of the two accused persons have been placed on record. The applicant does not bear any criminal history and is languishing in jail since 20.3.2018.
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 Gautam involved in Case Crime No. 33 of 2018, under Sections 394,411 I.P.C., Police Station Tori Fatehpur, District Jhansi, 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 :- 31.10.2018 N.A.