Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8308 of 2019 Applicant :- Pravesh @ Bomcha Opposite Party :- State Of U.P.
Counsel for Applicant :- Inder Pal Singh Tomar 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 applicant is not named in the first information report. He has no role to play in the commission of the offence. No offence has been committed by the applicant. There is no independent public eye witness to the incident. Absolutely vague and baseless allegations have been levelled against him. Criminal history of the applicant has been explained under various paragraphs of the affidavit filed in support of this bail application. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant is languishing in jail since 8.2.2018.
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 - Pravesh @ Bomcha involved in Case Crime No. 40 of 2018, under Sections - 394, 411 I.P.C., Police Station - Hapur Dehat, District - Hapur 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 :- 26.2.2019 S Rawat