Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39873 of 2019 Applicant :- Mangi Opposite Party :- State Of U.P. Counsel for Applicant :- Rohit 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.
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 case of the prosecution as disclosed in the F.I.R. is that four persons were involved in causing the assault on the victim. However, there is only one blow caused on the head and it is not specified as to who caused this fatal blow. Nothing incriminating has been recovered either from the possession of the applicant or on his pointing out. Under similar circumstances, co-accused- Jagan has already been admitted to bail by this Court vide order dated 26.7.2019 in Criminal Misc. Bail Application No. 30039 of 2019 (Jagan vs. State of U.P.), therefore, the applicant is also entitled for bail on the ground of parity. Copy whereof has been annexed as Annexure no.11 to the affidavit filed in support of the 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 is in jail since 19.08.2019 and have no criminal antecedents except the present one.
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 - Mangi involved in Case Crime No. 151 of 2019, under Sections - 304, 323 I.P.C., Police Station - Highway, District - Mathura 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 :- 26.9.2019 S Rawat