Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38746 of 2018 Applicant :- Janardan Kushwaha Opposite Party :- State Of U.P.
Counsel for Applicant :- Anurag Tripathi,Kamlesh Kumar Tiwari 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. Applicant has no role to play in the commission of the offence.The allegations made by the prosecution is totally baseless and false. Nothing incriminating has been recovered from the possession of the applicant. Offence alleged is triable by the Magistrate Ist Class. The applicant does not bear any previous criminal history and is languishing in jail since 17.6.2018. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.
Learned AGA has opposed prayer for bail. However, he 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 - Janardan Kushwaha involved in Case Crime No. 149 of 2018, under Sections - 417, 419, 420, 467, 468, 471 I.P.C. and Section - 12 of Passport Act, Police Station - Vishunpura, District - Kushi Nagar be released on bail on his executing a personal bond and furnishing two solvent local sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not leave the District - Kushi Nagar without information in writing and without obtaining permission from the court concerned.
(ii) The applicant will not tamper with the evidence during the trial.
(iii) The applicant will not pressurise/intimidate the prosecution witness.
(iv) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 18.12.2018 S Rawat