Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23409 of 2019 Applicant :- Jitendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,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. No offence has been committed by the applicant. There is no direct or indirect evidence against the applicant in support of the allegation made by the prosecution. The applicant has nothing to do with the allegations made against him. Offence alleged is triable by the Magistrate Ist Class. Accused-applicant is of no criminal antecedent other than explained in affidavit filed in support of bail application. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant is languishing in jail since 30.03.2019.
Learned AGA has opposed prayer for bail.
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 - Jitendra involved in Case Crime No. 135 of 2018, under Sections - 394, 411 I.P.C., Police Station - Nibohara, District - Agra 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 :- 4.6.2019 NS