Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16748 of 2019 Applicant :- Mahipal Opposite Party :- State Of U.P.
Counsel for Applicant :- Puneet Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard 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.
Urge made on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. There is no eyewitness of the alleged incident. General and vague allegations have been made against the applicant. No specific role has been attributed to the applicant. There is no motive to commit the offence in question. 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 26.01.2019.
Learned A.G.A. has opposed prayer for bail.
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 Mahipal involved in Case Crime No.0003 of 2019, under Sections 147, 304 I.P.C., Police Station Bhagatpur, District Moradabad 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 :- 27.9.2019 rkg