Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47855 of 2018 Applicant :- Gulab Singh And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Jash Ram Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants 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 applicants has been confined to the extent that the applicants are innocent and have been falsely implicated in this case. Recovery is alleged to have been made from the joint possession which is not supported by any public independent witness. Factum of recovery is denied. Offence alleged is triable by the Magistrate Ist Class. Co-accused Ajay Singh has already been admitted to bail by this Court vide order dated 03.01.2019 in Criminal Misc. Bail Application No.43891 of 2018. In case the applicants are admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicants do not bear any criminal history and are languishing in jail since 22.09.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. 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 applicants are entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicants Gulab Singh and Jay Singh involved in Case Crime No.335 of 2018, under Sections 419, 420, 467, 468, 471, 255/256, 472 I.P.C., 60(2) and 62 U.P. Custom Duty/Excise Act, Police Station Utarav, District Allahabad 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 :- 25.2.2019 rkg