Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20582 of 2018 Applicant :- Kanhaiya Jaiswal Opposite Party :- State Of U.P. Counsel for Applicant :- Nasiruddin Warsi,Khurshed Alam 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 possession of the applicant. Factum of recovery is not supported by any public independent witness. Similarly circumstanced co- accused Manoj Jaiswal who was caught on the spot has been admitted to bail by this Court vide order dated 18.09.2017 in Criminal Misc. Bail Application No.35810 of 2017, copy whereof has been annexed as annexure no.3 to the affidavit filed in support of this bail application. The applicant is languishing in jail since 14.05.2018.
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 Kanhaiya Jaiswal involved in Case Crime No.684 of 2017, under Sections 272, 273, 419, 420, 467, 468, 471 I.P.C., Sections 60, 60 (2), 63 Excise Act and Section 63 Copyright Act, Police Station Kotwali, District Maharajganj 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 with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.5.2018 rkg