Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3920 of 2019 Applicant :- Ishdev @ Vanshdev Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Jawahar Lal Yadava 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. It has been further claimed that cross case has been lodged by the applicant. In this case, both the sides have sustained injuries. The case is triable by the Magistrate Ist Class. 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 10.12.2018.
Learned AGA has opposed prayer for bail. However, he 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 applicant - Ishdev @ Vanshdev Yadav involved in Case Crime No. 56 of 2016, under Sections - 323, 504, 506 and 308 I.P.C., Police Station - Gambhirpur, District - Azamgarh 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 :- 29.1.2019 S Rawat