Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48869 of 2018 Applicant :- Rahul And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Prashant Sharma,Pankaj Sharma Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicants has been confined to the extent that the applicants are innocent and have been falsely implicated in this case due to enmity. The applicants have no role to play in the commission of the offence. Applicant No.2 namely Jitendra is handicapped. Nothing incriminating has been recovered from the possession of the applicants. Offence alleged is triable by the Magistrate Ist Class. The applicants are languishing in jail since 11.10.2018. In case, the applicants are admitted to bail, there is no possibility of their absconding or misusing the liberty of bail.
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 applicants are entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicants - Rahul and Jitendra alias Tota involved in Case Crime No. 315 of 2018, under Section - 436 I.P.C., Police Station - Sikandrau, District - Hathras be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 19.12.2018 S Rawat