Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19864 of 2018 Applicant :- Jitendra Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Sharique Ahmed 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. Admittedly, the applicant was sitting inside the car. There is no public independent witness to the factum of recovery. The police has slapped false case against the applicant after his arrest. The applicant does not bear any criminal history and is languishing in jail since 17.03.2018.
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 applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Jitendra Tiwari involved in Case Crime No.219 of 2018, under Sections 411, 413, 414, 420, 467, 468, 471, 34 I.P.C., Police Station Barra, District Kanpur Nagar 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