Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34404 of 2019 Applicant :- Nitin And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Kartikey Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicants has been confined to the extent that the applicants are innocent and have been falsely implicated in this case. No offence has been committed by the applicants. Nothing incriminating has been recovered from the possession of the applicants. Assuming it to be that any such incident took place even then the main role of causing fatal assault is assigned to another co-accused- Manoj and not to the present applicants. Under similar circumstances, co- accused- Dheeraj @ Gauri has already been admitted to bail by this Court in Criminal Misc. Bail Application No. 26589 of 2019, (Dheeraj @ Gauri Vs. State of U.P.) vide order dated 4.7.2019, copy whereof has been annexed as Annexure No.8 to the affidavit filed in support of this bail application. In case, the applicants are admitted to bail, there is no possibility of their absconding or misusing the liberty of bail. The applicants have no criminal history and are languishing in jail since 05.03.2019.
Learned A.G.A. has opposed prayer for bail.
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 applicants are entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicants - Nitin and Dalchand involved in Case Crime No. 10 of 2019, under Sections - 147, 148, 323, 34, 304 I.P.C., Police Station - Sureer, District - Mathura be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
It is made clear that advantage of this bail shall not go to the other co-accused- Manoj as his case is distinguishable from the present applicants.
Order Date :- 26.8.2019 S Rawat