Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19850 of 2018 Applicant :- Smt. Premvati @ Vimla Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Pandey 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. Name of the applicant has surfaced in the confessional statement of the co-accused Babloo @ Brahampal. Offence alleged is triable by the Magistrate Ist Class. Factum of recovery is not supported by any public independent witness. The applicant is languishing in jail since 31.01.2018.
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 Smt. Premvati @ Vimla involved in Case Crime No.457 of 2017, under Sections 392, 411 I.P.C., Police Station Kanth, District Moradabad be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 31.5.2018 rkg