Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45704 of 2018 Applicant :- Harjinder Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhiraj Kumar 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.
While describing various facets of this case, it has been claimed on behalf of the applicant that the applicant has been falsely implicated in this case on account of various scattered facts and he has no role to play in the commission of the offence. The applicant being driver of the vehicle cannot be said to explain as to from what source, liquor was obtained. In case the applicant is admitted to bail, there is no possibility of absconding and misusing the liberty of bail. The applicant does not bear any criminal history and is languishing in jail since 06.09.2018.
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 applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Harijinder Singh involved in Case Crime No.673 of 2018, under Sections 420, 467, 468, 471 I.P.C. and 60, 63, 72 Excise Act, Police Station Jhinjhana, District Shamli 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 :- 29.11.2018 rkg