Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8373 of 2019 Applicant :- Neeraj Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajeev Kumar Singh Parmar 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. Applicant happens to be merely an associate of the main accused Raju and Ved Pal and no active role has been assigned to the applicant. Raju and Ved Pal have been admitted to bail by this Court vide order dated 13.7.2018 in Criminal Misc. Bail Application No.26185 of 2018, copy of bail order has been produced by learned counsel for the applicant, the same is taken on record. 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 11.1.2019.
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 - Neeraj involved in Special Session Trial No. 65 of 2009, under Section - 394 I.P.C., Police Station - Jahanganj, District - Farrukhabad 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 :- 26.2.2019 S Rawat