Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41571 of 2018 Applicant :- Jitendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Narayan Gupta 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.
Applicant claims to have been falsely implicated in this case. The applicant is said to be an absconder. Nothing incriminating infact has been recovered from the possession of the applicant. Criminal history of the applicant has been satisfactorily explained in paragraph no.9 of the affidavit to the application.The case of the applicant is similar to that of co-accused Vivek @ Sheku @ K.K. and Jarman Singh @ Satendra Singh, who have already been admitted to bail by this Court vide orders dated 23.3.2018 and 5.4.2018 in Criminal Misc. Bail Application Nos.10901 of 2018 and 12427 of 2018, respectively. Copies whereof have been annexed as Annexure No.3 to the application. The applicant is languishing in jail since 19.7.2018.
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 involved in Case Crime No.322 of 2017, under Sections 420, 467, 468, 471 I.P.C. and 60/23 Excise Act, Police Station Bichhwan, District Mainpuri 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 :- 30.10.2018 S Rawat