Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41989 of 2018 Applicant :- Jitendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Kailash Singh Yadav,Dharmendra Kumar Yadav 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. He further submitted that his name has been surfaced in the confessional statement of one of the co-accused. Similarly circumstanced co-accused Manish has already been admitted to bail by this Court vide orders dated 31.8.2018 in Criminal Misc. Bail Application Nos. 33362 of 2018.The applicant is languishing in jail since 23.7.2018. The copy of the bail order has been annexed as Annexure No.5 to the affidavit filed in support of the bail application. In case the applicant is enlarged on bail he will not abscond.
Learned AGA has opposed prayer for bail.
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. 223 of 2018, under Sections 392 and 120B I.P.C., Police Station Bhojpur, District Ghaziabad 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 subject to the condition that he shall participate in the proceeding before the trial court on the date fixed.
Order Date :- 31.10.2018 Manish Tripathi