Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24755 of 2019 Applicant :- Kanhaiya Patel Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Prakash Shukla 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.
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. No offence has been committed by the applicant. The applicant is not named in the first information report. The point is that the applicant was deliberately roped in by the police and a false recovery was planted and the fact is that previously, the applicant had been apprehended regarding which an application of false apprehension had already been moved before the Inspector of police station and the D.I.G. range concerned and thereafter, the applicant was subsequently shown to have been involved in this case and was arrested on 4th April, 2019. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant is languishing in jail since 4.4.2019.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit 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 Patel involved in Case Crime No. 86 of 2019, under Sections - 394, 460, 411 I.P.C., Police Station - Bhadohi, District - Bhadohi 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 :- 26.7.2019 S Rawat