Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49172 of 2017 Applicant :- Kapil Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinay Singh,Atul Tej Kulshrestha,Virendra Kumar Gupta 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.
Urge made on behalf of the applicant has been confined to the extent that it is a particular case wherein highhandedness of the police has been displaced in its highest order. There is nothing against the applicant insofar as commission of the offence is alleged in the first information report. The applicant has nothing to do with the other co- accused, however, the police of its own way cooked up a false story and picked confessional statement of the applicant that weapon of assault - say countrymade gun was supplied by the applicant. However, this statement has got no worthiness in the eye of law unless supported by cogent and independent testimony, evidence or circumstances which is altogether missing in this case. The applicant is not named in the first information report though the first information report mentions name of the five accused. The case of the applicant stands on degree of discharge, however, the applicant is languishing in jail since 13.08.2017 in this case.
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 Kapil involved in Case Crime No.244 of 2016, under Sections 147, 148, 149, 302, 452, 120-B I.P.C., Police Station Doghat District Baghpat 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 :- 21.8.2019 rkg