Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19859 of 2018 Applicant :- Radha Krishna Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Usha Srivastava,Vinod Kumar Srivastava 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. Offence alleged is triable by the Magistrate Ist Class. There is no public independent witness to the factum of recovery. Criminal history of the applicant has been explained under paragraph nos.12 and 13 of the affidavit filed in support of this bail application. The applicant is languishing in jail since 17.06.2017.
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 Radha Krishna Yadav involved in Case Crime No.375 of 2017, under Sections 457, 380, 411 I.P.C., Police Station Chakeri, District Kanpur Nagar 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 :- 31.5.2018 rkg