Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41632 of 2018 Applicant :- Kishanveer Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava,Shivangi Bhargava 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.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case. The allegation against the applicant is of recovery of one truck from the joint possession of the applicant and the other co-accused persons. The case of the applicant is similar to that of co-accused Kripal and Nanhe, who have already been admitted to bail by this Court vide orders dated 11.10.2018 and 25.9.2018 passed in Criminal Misc. Bail Application Nos.39469 of 2018 and 36416 of 2018, respectively. The applicant has no previous criminal history and is languishing in jail since 1.8.2018.
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-Kishanveer involved in Case Crime No.291 of 2018, under Sections-411, 420, 468, 471 I.P.C., Police Station- Asmauli, District-Sambhal at Chandausi 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 :- 30.10.2018 S Rawat