Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45185 of 2018 Applicant :- Kishore @ Kishore Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Vijay Shantam 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 has been falsely implicated in this case. Applicant has not gained anything wrongfully nor has he caused wrongful loss to any person. Applicant happens to be the driver. Assuming it to be that any offence has been committed even then there is no details/specification as to from whom the money was collected and in what denomination.
The informant is a clever person, he does not want to repay the bank due and has concocted false story, which story is not supported by any independent public witness. The informant has not been put to any loss. The money which was allegedly recovered from the possession of the applicant belongs to the applicant himself. No such recovery has been made from the possession of the applicant. Offence alleged is triable by the Magistrate Ist Class. The applicant has no criminal history and is languishing in jail since 15.7.2018. In case the applicant is released on bail there is no possibility of his absconding or misusing the liberty of bail.
Learned AGA has opposed prayer for bail. However, he 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 - Kishore @ Kishore Kumar involved in Case Crime No. 317 of 2018, under Sections - 392, 411, 216-A I.P.C., Police Station - Gabhana , District - Aligarh 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 :- 27.11.2018 S Rawat