Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32040 of 2021 Applicant :- Rahul Paswan @ Rishi Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Giri,Arvind Prabodh Dubey Counsel for Opposite Party :- G.A.,Dharmendra Kumar
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.
Contention, in brief, is that nothing in fact took place. Assuming it to be that offence has been committed even then the shot was allegedly fired by co-accused Gopal Dubey who was declared juvenile and has been admitted to bail. The case of the applicant is not of firing but is confined to causing assault by hard and blunt object. There is no injury reported on the person of the injured which indicates that the assault by rod was caused to the injured. The applicant is innocent and has been falsely implicated in this case. The case of the present applicant is distinguishable from the accused Gopal Dubey. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and he is languishing in jail since 01.02.2021.
Learned A.G.A. has opposed prayer for bail.
Upon consideration of 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 Rahul Paswan @ Rishi involved in Case Crime No.36 of 2021, under Section 307 I.P.C., Police Station Kaptanganj, District Kushinagar 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 :- 26.10.2021 rkg