Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19791 of 2018 Applicant :- Hemant Kumar Jaisawal @ Chhotu Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Mohan Mishra 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 applicant is not named in the first information report. There is no public independent witness to the fact of recovery. The police has slapped false cases against the applicant after his arrest. Co-accused Raj Kumar Sharma @ Raju Nai and Hemant Kumar Jaiswal @ Chhotu have already been admitted to bail by this Court vide order dated 17.05.2018 in Criminal Misc. Bail Application No.12666 of 2018. The applicant is languishing in jail since 16.11.2017.
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 Hemant Kumar Jaiswal @ Chhotu involved in Case Crime No.1495 of 2017, under Sections 420, 379, 411, 413 I.P.C. and 66 (C) I.T. Act, Police Station Dumariyaganj, District Siddharthnagar 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 :- 31.5.2018 rkg