Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20144 of 2018 Applicant :- Pintu Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Singh Yadav,Seema 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 name of the applicant has surfaced in the confessional statement of the co-accused. Offence alleged is triable by the Magistrate Ist Class. Similarly circumstanced co-accused Anas has been admitted to bail by this Court vide order dated 16.05.2018 in Criminal Misc. Bail Application No.18207 of 2018. The applicant does not bear any criminal history and is languishing in jail since 22.02.2018.
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 Pintu involved in Case Crime No.87 of 2018, under Sections 41/411, 413, 414, 420, 467, 468, 471 I.P.C., Police Station Vidhuna, District Auraiya 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 :- 29.5.2018 rkg