Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29994 of 2019 Applicant :- Mangal Sen Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Saxena 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.
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. Both the sides sustained injuries in the alleged incident and both the sides have lodged the first information reports regarding the same incident which took place on 26.01.2019. There is no specific role assigned to the present applicant in commission of the offence and it cannot be as to who dealt fatal blow upon the deceased. Applicant's side sustained injuries, copies of injury reports have been brought on record vide annexure no.9 to the affidavit filed in support of this bail application. 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 28.01.2019.
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 Mangal Sen involved in Case Crime No.36 of 2019, under Sections 147, 148, 323, 324, 304, 504, 506 I.P.C., Police Station Nawabganj, District Bareilly, 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 :- 26.7.2019 rkg