Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30352 of 2019 Applicant :- Harikansh And 3 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Brajesh Kumar Dwivedi 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 is that the applicants are innocent and have been falsely implicated in the present case. General allegations have been made and the role of each and every accused has been generalized. There is no particularization of the role or specific role played by any co- accused. Under similar circumstances, other co-accused Saurabh @ Babi and Harendra have already been admitted to bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.22967 of 2019 vide order dated 31.5.2019. Copy whereof has been annexed as Annexure no.6 to the affidavit filed in support of the bail application. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 17.06.2019.
Learned A.G.A. has opposed prayer for bail. However, 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 applicants Harikansh, Navneet, Shani and Vijai Kumar involved in Case Crime No. 60 of 2019, under Sections 147,323,504,506 and 304 I.P.C. Police Station Jeanpur, District Azamgarh 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 :- 30.7.2019/N.A.