Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41625 of 2018 Applicant :- Harshit Dwivedi And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjeev Kumar Trivedi 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.
Learned counsel for the applicants has submitted that the applicants have been falsely arrested by the police in false encounter. He further submitted that the applicants are not named in the first informant report. He further added that nothing incriminating was recovered from them, infact the recovered material belongs to the applicants. There is no independent or public witness of the alleged recovery. Criminal history of the applicants has been satisfactorily explained in the paragraph no.8 of the affidavit to the bail application. The applicants are languishing in jail since 17.7.2018.
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 applicants are entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicants-Harshit Dwivedi and Shivansh Katiyar involved in Case Crime No.100 of 2018, under Sections-395, 412 I.P.C., Police Station-Thathiya, District-Kannauj 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 :- 30.10.2018 S Rawat