Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35354 of 2021 Applicant :- K.Selwa Raj Opposite Party :- State of U.P.
Counsel for Applicant :- Sushil Kumar Pandey 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.
Learned counsel for the applicant has contended that the applicant has been shown to be involved in two cases namely Case Crime No.73 of 2021, under Sections 392, 412 I.P.C., Police Station Nai Mandi, District Muzaffarnagar and Case Crime No.139 of 2021 under Sections 406, 411 I.P.C., Police Station Nai Mandi, District Muzaffarnagar in the gang chart in which he is on bail. Copies of the bail orders have been annexed as annexure nos.2 and 3 to the affidavit filed in support of the bail application. The applicant is in jail since 12.05.2021 in the present case.
Learned A.G.A. 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 K.Selwa Raj involved in Case Crime No.202 of 2021, under Sections 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Nai Mandi, District Muzaffarnagar 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 :- 25.10.2021 rkg