Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22762 of 2019 Applicant :- Manish @ Pintu Opposite Party :- State Of U.P.
Counsel for Applicant :- Atul Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,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. No offence has been committed by the applicant. Similarly circumstanced co-accused Digambar @ Rinku has been admitted to bail by this Court vide order dated 20.2.2019 in Criminal Misc. Bail Application No. 7351 of 2019. Copy whereof has been annexed as annexure no.3 to the affidavit filed in support of the bail application. Criminal history of the applicant has been explained under paragraph nos.8 and 9 of 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 is languishing in jail since 5.11.2018.
Learned AGA 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 - Manish @ Pintu, involved in Case Crime No. 504 of 2018, under Sections - 379, 411, 427 I.P.C., Police Station - Jalesar, District - Etah 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 :- 30.5.2019 Kamarjahan