Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41342 of 2018 Applicant :- Manmohan Opposite Party :- State Of U.P.
Counsel for Applicant :- Janardan Yadav 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.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case. Applicant became a marginal witness of the sale deed in question only at the instance and on the asking of the purchaser himself. Applicant has not received any benefit as such and all the money was transacted between the vendor and the vendee of the transaction. It is surprising that the another marginal witness has not been arrayed as an accused in this case. The applicant has no criminal history and is languishing in jail since 1.9.2018.
Learned AGA has opposed prayer for bail. However, learned AGA has not disputed the aforesaid facts.
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 Manmohan involved in Case Crime No.127 of 2018, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Pawai, District Azamgarh 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 :- 29.10.2018/S Rawat