Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27476 of 2021 Applicant :- Mohan Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Saksham Srivastava,Akhilesh Srivastava Counsel for Opposite Party :- Krishna Dev Mishra
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 due to ulterior motive. Similarly circumstanced another co-accused - Vijendra Singh has already been admitted to bail by co- ordinate Bench of this Court in Criminal Misc. Bail Application No. 27481 of 2021 on 02.09.2021, copy whereof has been produced by learned counsel for the applicant, the same is taken on record. The case of the present applicant is identical to that of co-accused, who has already been admitted to bail by co-ordinate Bench of this Court. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 17.3.2021.
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 - Mohan Singh involved in Case Crime No. 19 of 2021, under Sections - 147, 148, 149, 302, 34, 506, 120B I.P.C., Police Station - Khair, District - Aligarh 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.
Digitally signed by ARVIND KUMAR MISHRA Date: 2021.10.30 14:52:29 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Order Date :- 28.10.2021 S Rawat