Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45195 of 2018 Applicant :- Mahipal Opposite Party :- State Of U.P. Counsel for Applicant :- Anoop Trivedi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Sri Kamal Singh Yadav, Advocate has filed memo of appearance on behalf of the informant which is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. as well as learned counsel for the informant and perused the material available on record.
At the very outset when the hearing was being extended on merit of the case, learned counsel for the informant has intervened and submitted that in this case, compromise has been reached between the parties and money in question to some extent has been received by the informant and he has no grievance and objection if bail is granted to the applicant by this Court.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the fact that some compromise has been entered into between the parties which fact has been brought on record by way of filing supplementary affidavit.
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 Mahipal involved in Case Crime No.725 of 2010, under Sections 420, 467, 468, 471, 504, 506 I.P.C., Police Station Loni, District Ghaziabad 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.
However, it is expected that compromise arrived at between the parties will be construed to be bonafide.
Order Date :- 28.11.2018 rkg