Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40165 of 2019 Applicant :- Kapil Muni Opposite Party :- State Of U.P. Counsel for Applicant :- K.K.Rao Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Learned counsel for the applicant has filed IInd Supplementary affidavit, the same is taken on record.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is innocent and has been falsely implicated in this case. Applicant has not role to play in the commission of the offence. Nothing incriminating has been recovered from the possession of the applicant. He further submits that General and vague allegations have been made against the applicant. Under the similar circumstances co- accused Byasmuni Yadav @ Videshi and Vijay Yadav have been admitted to bail by co- ordinate Bench of this Court, copies whereof have been annexed as Annexure No.SA-2 to the IInd Supplementary affidavit filed in support of this bail application. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 30.07.2015 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Kapil Muni- involved in case crime no.092 of 2015, under Sections 147, 452, 323, 325, 504, 506, 304 IPC, Police Station Harpur Budhat, district Gorakhpur 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 :- 27.9.2019 Raj