Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41292 of 2018 Applicant :- Radhey Shyam Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajendra Kumar Srivastava,Brijesh 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 A.G.A. for the State of U.P and perused the material available on record.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case. He further submitted that the applicant is not named in the first information report. Nothing incriminating infact has been recovered from the possession of the applicant. His name is initially surfaced in the statement of another co- accused, whereupon, the police has roped in the applicant and has slapped false recovery. Criminal history of the applicant has been explained under paragraph no.12 of the affidavit filed in support of the bail application. The applicant is languishing in jail since 17.7.2018.
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 Radhey Shyam involved in Case Crime No.346 of 2018, under Sections 392, 323, 411 I.P.C., Police Station Shikohabad, District Firozabad 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 :- 29.10.2018 S Rawat