Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8843 of 2019 Applicant :- Naresh Opposite Party :- State Of U.P. Counsel for Applicant :- Ishan Deo Giri 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 the applicant is innocent and has been falsely implicated in this case. No offence has been committed by the applicant. False recovery has been shown from the possession of the applicant. Nothing incriminating has been recovered from the possession of the applicant. There is no independent public eye witness of the alleged incident. 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 15.10.2018.
Learned AGA has opposed prayer for bail. However, he 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 - Naresh involved in Case Crime No. 375 of 2018, under Sections - 411, 414, 420 I.P.C., Police Station - Rajpura, District - Sambhal (Bhim 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 :- 28.2.2019 S Rawat