Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41865 of 2018 Applicant :- Kunwar Pal Opposite Party :- State Of U.P.
Counsel for Applicant :- Prashant Saxena 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 is innocent and has been falsely implicated in this case.The applicant is not named in the FIR. After 10 days of the incident, his name surfaced in the confessional statement of the co-accused. One co-accused Vahid@Badey@ Badanka has been admitted to bail by another Bench of this Court on 25.5.2017 and other co-accused persons Naresh alias Tinna alias Rajveer has also been admitted to bail by another bench of this court vide order dated 1.11.2017. Both the orders have been placed on record and marked as annexure-
3. The applicant does not bear any criminal history and is languishing in jail since 6.9.2017.
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 Kunwar Pal involved in Case Crime No. 282 of 2017, under Section 395 I.P.C., Police Station Tirwa, District Kannauj, 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 :- 31.10.2018 N.A.