Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41730 of 2018 Applicant :- Mahesh Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Sarvesh 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 first information report. There is no independent witness to the fact of recovery in question. Applicant has explained his criminal history in paragraph no.15 of the affidavit. The applicant is languishing in jail since 22.7.2018. The applicant undertakes that if he is admitted to bail, he will neither abscond nor misuse the liberty so granted to him.
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 - Mahesh Yadav involved in Case Crime No.103 of 2018, under Sections - 392, 411 I.P.C., Police Station - Saifai, District - Etawah 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