Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20601 of 2018 Applicant :- Praveen Kumar Gautam Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Murari Tripathi, Arvind 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. In this case, initially the first information report was lodged against the applicant at Case Crime No.34 of 2018 under Sections 420, 406, 323, 504, 506, 471 IPC at Police Station Rajapur District Chitrakoot, whereas, after the investigation, charge sheet also included Sections 467, 468 IPC. Claim is that the bail previously granted by this Court to the applicant vide order dated 08.05.2018 has not been misused by him and the applicant is cooperating with the ongoing process. The applicant is languishing in jail since 28.02.2018.
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 Praveen Kumar Gautam involved in Case Crime No.34 of 2018, under Sections 467, 468 I.P.C., Police Station Rajapur, District Chitrakoot 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 :- 30.5.2018 rkg