Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41304 of 2018 Applicant :- Namekar Alias Naimka Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Kumar Singh 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. He further submitted that the applicant has no previous criminal antecedents. Police after arresting the applicant has slapped false cases against him, which have been been explained in paragraph no.19.The applicant is languishing in jail since 10.6.2018.
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 Namekar Alias Naimka involved in Case Crime No.1015 of 2017, under Sections 392, 411 I.P.C., Police Station Kasna, District Gautambudh Nagar 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