Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8127 of 2019 Applicant :- Naval Kishore @ Naval Kumar Srivastava Opposite Party :- State Of U.P.
Counsel for Applicant :- Noor Mohammad 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. The applicant is alleged to be driver of the informant and some controversy arose between them in respect of payment of money, wherein the concocted and false story has been cooked up against the applicant implicating him in this case. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 10.11.2018.
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 - Naval Kishore @ Naval Kumar Srivastava involved in Case Crime No. 716 of 2018, under Sections - 381 and 411 I.P.C., Police Station - Sasni, District - Hathras 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 :- 25.2.2019 S Rawat