Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45485 of 2018 Applicant :- Rahul Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prashant Saxena 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 due to enmity. Similarly circumstanced co-accused Rajat @ Chhotu has been admitted to bail by this Court vide order dated 18.6.2018 in Criminal Misc. Bail Application No.21531 of 2018. Copy of bail order has been annexed as Annexure no.7 to the affidavit filed in support of this bail application. The applicant has no previous criminal history and is languishing in jail since 5.10.2018. The applicant undertakes that if he is admitted to bail, he will neither abscond nor misuse the liberty so granted to him.
Learned AGA has opposed prayer for bail. However, he 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 - Rahul involved in S.S.T. No.164 of 2010, Misc. Case No. 131/2010, under Sections – 395, 397 I.P.C., Police Station - Kaimganj, District – Farrukhabad 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 :- 28.11.2018 S Rawat