Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40200 of 2019 Applicant :- Ompal Opposite Party :- State Of U.P.
Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant 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 applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. General and vague allegation have been made against the applicant. No offence, whatsoever, has been committed by the applicant. There is no motive to commit the offence. Moreover, the main role of causing the fatal blow has been assigned to other co-accused - Suresh, who is father of the applicant. 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 29.03.2019. Under the similar circumstances co- accused Rajeev Kumar has been admitted to bail by this Court on 25.7.2019 in Criminal Miscellaneous Bail Application No.29724 of 2019, copy whereof has been produced by the applicant, the same is taken on record.
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 applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Ompal involved in Case Crime No. 162 of 2019, under Section - 304 I.P.C., Police Station - Sindhauli, District - Shahjahanpur 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 :- 27.9.2019 Raj