Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41867 of 2018 Applicant :- Kallan Alias Devanand Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Dutt Tiwari 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. Nothing incriminating has been recovered from the possession of the applicant. The police affected the arrest of the applicant on 8.7.2018 and the recovery has not been supported by cogent testimony of independent witnesses. There is no possibility of the applicant absconding in the case after he is admitted to bail. The applicant does not bear any criminal history and is languishing in jail since 8.7.2018.
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 Kallan Alias Devanand involved in Case Crime No. 78 of 2018, under Sections 399, 402 I.P.C., Police Station Mahobakanth District Mahoba, 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 :- 31.10.2018 N.A.