Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8878 of 2019 Applicant :- Prabhakar Gautam Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Kumar Singh,B.N.Singh 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. This case has been lodged by the informant side as a counter blast to the F.I.R. lodged by the applicant side. Both the sides have sustained injuries. Offence alleged is triable by the Magistrate Ist Class. 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 17.1.2019.
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 - Prabhakar Gautam involved in Case Crime No. 17 of 2019, under Sections - 147, 148, 149, 323, 504, 506, 427, 394 I.P.C. & 7 Criminal Law Amendment Act, Police Station - Machhali-Sahar, District - Jaunpur 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