Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41847 of 2018 Applicant :- Raj Kishore @ Rajesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Singh 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. The name of the applicant has been surfaced in the confessional statement of the co-accused Rahul Pal and thereafter the police arrested the applicant. The arrest is not supported by public testimony. The applicant is not named in the first information report. The factum of recovery has been denied by the applicant. The applicant does not bear any criminal history and is languishing in jail since 26.7.2018.
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 Raj Kishore @ Rajesh involved in Case Crime No. 732 of 2018, under Sections 392,411 I.P.C., Police Station New Agra, District Agra, 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 :- 31.10.2018 N.A.