Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45122 of 2018 Applicant :- Manoj Rathor Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Upadhyay 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. Similarly circumstanced co-accused Ajay Kumar Singh has been admitted to bail by this Court vide order dated 26.11.2018 in Criminal Misc. Bail Application No.44700 of 2018. The applicant has no criminal history and is languishing in jail since 28.7.2018. In case, the applicant is released on bail, there is no possibility of absconding or misusing the liberty of bail.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. 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 Manoj Rathor involved in Case Crime No.612 of 2018, under Sections - 419, 420, 473 120B I.P.C., Police Station Kotwali Fatehgarh, District Farrukhabad 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 :- 27.11.2018 S Rawat