Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41324 of 2018 Applicant :- Pawan Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Shri Krishan Yadav 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.
Applicant claims to be a student and has been falsely implicated in this case. He has nothing to do with the call center in question. There is no independent witness to the fact of recovery. The factum of recovery of sim cards is absolutely denied by the applicant. The applicant has no criminal history and is languishing in jail since 22.8.2018.
Learned AGA has opposed prayer for bail. However, learned AGA 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 Pawan Kumar involved in Case Crime No.1121 of 2018, under Sections 420, 467, 468 I.P.C. and 66 I.T. Act, Police Station Quarsi, District Aligarh 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 :- 29.10.2018 S Rawat