Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45409 of 2018 Applicant :- Rahul Opposite Party :- State Of U.P.
Counsel for Applicant :- Sheetla Sahai 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. Applicant happens to be the driver of the vehicle in question and he was having valid papers for conveyance of the grit in question. He has nothing to say about the black marketing because he used to work for owner of the vehicle and as per his knowledge, no illegality has been committed. The applicant has no criminal history and is languishing in jail since 18.9.2018. In case the applicant is released on bail there is no possibility of his 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 applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant- Rahul involved in Case Crime No. 228 of 2018, under Sections - 379, 411 I.P.C., 4/21 Mines and Minerals (Development & Regulation) Act 1957, & Section 3, 57, 7 Uttar Pradesh Khanij (Parihar) Niymawali 1963, Police Station - Kabrai , District - Mahoba 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