Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41290 of 2018 Applicant :- Krishna Kumar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Arun K. Singh Deshwal Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State of U.P and perused the material available on record.
Learned counsel for the applicants has submitted that the applicants have been falsely implicated in this case. He further submitted that the applicants are not named in the first information report. What recovery has been made has been made from another co-accused-Satyaveer Singh. Nothing incriminating infact has been recovered from the possession of the applicants. The police has slapped false recovery from the possession of the applicants.The applicants have no criminal history and are languishing in jail since 2.7.2018 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 applicants Krishna Kumar and Surendra involved in Case Crime No.218 of 2018, under Sections 394 and 411 I.P.C., Police Station G.R.P. Cantt, Varanasi, District Varanasi be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 29.10.2018 S Rawat