Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8354 of 2019 Applicant :- Kishun Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Tiwari 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.
Applicant claims himself to be the owner of the vehicle in question and he was fully authorized to dig out mines and minerals say the sand and has not committed any offence. Applicant is a licensee and he was authorized for mining work but some altercation took place with the police, who wrongly implicated the applicant's vehicle with the crime. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 16.1.2019.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
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 - Kishun involved in Case Crime No. 286 of 2018, under Sections - 379, 411 I.P.C., Section 3/5 Prevention of damage of Public Property Act and 3/57/70 Uttar Pradesh Upkhanij (Parihar) Niyamawali, 4/21 Khan evam Khanij (Vikas evam Viniyaman) Adhiniyam, Police Station - Puranderpur, District - Maharajganj 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 :- 26.2.2019 S Rawat