Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48751 of 2018 Applicant :- Prashant And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharmendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State of U.P and perused the material available on record.
The applicants while describing various facets of this case have claimed that this is a counterblast case. The main role of causing assault upon the victim has been assigned to the co-accused Rajendra who has already been admitted to bail by the lower court itself on 04.09.2018, copy whereof has been annexed as annexure no.7 to the affidavit filed in support of this bail application. In case the applicants are admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicants are languishing in jail since 04.12.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. 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 applicants are entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicants Prashant and Sohan Lal involved in Criminal Case No.5476 of 2018, Case Crime No.32 of 2018, under Sections 147, 384, 323, 325 I.P.C., Police Station Magorra, District Mathura, be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 19.12.2018 rkg