Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8850 of 2019 Applicant :- Parvesh Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar 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. He has not committed any offence. Similarly circumstanced co- accused Amit has been admitted to bail by this Court vide order dated 21.2.2019 in Criminal Misc. Bail Application No. 7629 of 2019. 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 previous criminal history and is languishing in jail since 3.1.2019.
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 - Parvesh involved in Case Crime No. 1 of 2019, under Sections - 420, 467, 468, 471 I.P.C. and Section 60/72 of the Excise Act, Police Station - Khanpur, District - Bulandshahar 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 :- 28.2.2019 S Rawat