Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48827 of 2018 Applicant :- Rajan Singh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Udai Bhan Singh,Avanish Pratap Singh 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 applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The applicants are not named in the first information report. The alleged recovery shown from the possession of the applicants is false and planted. There is no independent witness of the alleged recovery made from the applicants. The applicants have no criminal history and are languishing in jail since 17.10.2018. In case, the applicants are admitted to bail, there is no possibility of 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 - Rajan Singh and Pappu involved in Case Crime No. 998 of 2018, under Sections - 457, 380, 411, 413 and 414 I.P.C., Police Station - Hathras Gate, 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