Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17289 of 2019 Applicant :- Mithlesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Atmaram Nadiwal,Dinesh Kumar 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.
Contention is that the allegations made in the FIR are vague. It is also the submission of the learned counsel that similarly placed co-accused Madan alias Mithilesh and Mahesh have already been admitted to bail by another bench of this court in Criminal Misc. Bail Application No. 27792 of 2016 on 24.8.2018 and Criminal Misc. Bail Application No.49295 of 2018 on 22.2.2019. The case of the applicant stands on identical footing to the aforesaid co-accused, hence, the accused-applicant is also entitled for bail on the ground of parity. It is next contended that the applicant is in jail since 18.6.2015 with no previous criminal history and in case he is enlarged on bail, he will not misuse 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 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 Mithlesh involved in Case Crime No. 129 of 2015, under Sections 147,148,149, 452, 302, 201 I.P.C. Police Station Baberu,District Band 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 :- 26.4.2019 N.A.