Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42141 of 2018 Applicant :- Lal Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Atul Pandey,Sandeep Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard Sri Raj Kumar Keshari and Sri Atul Pandey, 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.
Contention raised on behalf of the applicant has been confined to the extent that merely on account of fake recovery of 12 A.T.M. cards from possession of the applicant though not connected with the offence in question and particularly in the event the applicant is resident of district Saharanpur, whereas, crime scene is at district Hapur which lies at far distance from Saharanpur, the applicant has been falsely implicated in this case. The applicant never visited district Saharanpur. There is no clinching evidence against him. The applicant does not bear any criminal history and is languishing in jail since 19.06.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. 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 Lal Singh involved in Case Crime No.520 of 2018, under Sections 417, 419, 420 I.P.C., Police Station Hapur Nagar, District Hapur 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 :- 22.1.2019 rkg