Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45497 of 2018 Applicant :- Kailash @ Suresh Chandra Opposite Party :- State Of U.P.
Counsel for Applicant :- R.P.S. Chauhan 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.
The ground urged in support of the bail is that the applicant is innocent and has been falsely dragged in this case, which is absolutely of civil nature and no intrigue of any criminal imputation can be drawn merely from the allegation. The fact is that the suit was a civil suit no.340 of 2012, which was instituted by the informant, which suit was dismissed by the Civil Judge Senior Division, Court No.3, Rampur vide his judgment and order dated 19.5.2015 as averred under Para 14 of the affidavit, whereby a civil appeal has been preferred before the District Judge, Rampur on 1.7.2015 as Civil Appeal No.44 of 2015, which is still pending. The applicant claims that no wrongful gain has been made by the applicant and the fate of the appeal alone would have decisive say in the matter. The applicant has committed no offence. The applicant has no criminal history and is languishing in jail since 2.6.2016. In case the applicant is released on bail there is no possibility of his absconding or misusing the liberty of bail.
Learned AGA has opposed prayer for bail. However, he 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- Kailash @ Suresh Chandra involved in Case Crime No.
249 of 2014, under Sections - 420, 467, 468, 471, 120-B I.P.C., Police Station - Milak , District - Rampur 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 :- 28.11.2018 S Rawat