Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45661 of 2018 Applicant :- Rajesh Patiriya And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Misra,Virendra Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants as well as learned A.G.A. 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. The applicants have not committed any offence as alleged in the first information report. There is no independent public witness to the fact of recovery. Nothing incriminating has been recovered from possession of the applicants. Factum of recovery is denied. Offence alleged is triable by the Magistrate Ist Class. In case the applicants are admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicants do not bear any previous criminal history and are languishing in jail since 24.09.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
Without entering into merit 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 Rajesh Patiriya and Ram Kumar involved in Case Crime No.151 of 2018, under Sections 394, 387, 411 I.P.C., Police Station Aznar, District Mahoba 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 :- 25.2.2019 rkg