Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41967 of 2018 Applicant :- Munna Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Saxena Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,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 this is bail jump case. Learned counsel for the applicant submits that in the interest of justice, a last opportunity be provided to the the applicant. The applicant promises that he will appear and participate in the proceeding before the court below if he is released on bail and he will not seek any adjournment. The applicant is languishing in jail since 16.8.2018.
Learned AGA has opposed prayer for bail.
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 Munna involved in Case Crime No. 28 of 1998, under Sections 395 and 397 I.P.C., Police Station Achhalda, District Auraiya be released on bail on his executing a personal bond and furnishing two sureties each of rupees one lac amount to the satisfaction of the court concerned subject to the condition that he shall participate in the proceeding before the trial court on the date fixed and will not seek any adjournment.
Order Date :- 31.10.2018 Manish Tripathi