Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45120 of 2018 Applicant :- Nitin Gaud Kashyap Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Yadav 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 has no role to play in the commission of the offence. After a gap of six months of the incident in question, police has wrongly apprehended the applicant. There is no credible evidence appearing against the applicant. Criminal history of the applicant has been explained under paragraph no.8 of the affidavit filed in support of the bail application. The applicant is languishing in jail since 18.8.2018. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.
Learned AGA has opposed prayer for bail. However, he 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- Nitin Gaud Kashyap involved in Case Crime No. 155 of 2018, under Section - 394 I.P.C., Police Station - Etmadaula , District - Agra 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 :- 27.11.2018 S Rawat