Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41621 of 2018 Applicant :- Jitendra Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Hare Krishna Mishra,G.S.D.Mishra,Ghanshyam Das Mishra 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.
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 nothing on record emerging against the applicant which may connect him with the offence in question. The applicant has not been identified by the informant and his witness. The police has shown false recovery of A.T.M. Cards from the possession of the applicant. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. Criminal history of the applicant has been explained under paragraph no.1 of the affidavit filed in support of the supplementary affidavit. The applicant is languishing in jail since 09.09.2018.
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 Jitendra Kumar involved in Case Crime No.163 of 2018, under Sections 419, 420, 411 I.P.C., 66 I.T. Act, Police Station Machchlishahar District Jaunpur 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 :- 19.12.2018 rkg