Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45135 of 2018 Applicant :- Rajesh Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Pandey,Srestha Pandey 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. There is no independent public witness to the fact of recovery in question. The police has falsely roped in in the applicant in the present case. The applicant was driving the vehicle and there is no prove that the vehicle in question is theft property. Another co-accused has been apprehended by the police prior to three days of the present incident. Offence alleged is triable by the Magistrate Ist Class. The applicant is languishing in jail since 31.8.2018. 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, 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- Rajesh Sharma involved in Case Crime No.481 of 2018, under Section - 41, 411, 413, 419, 420, 467, 468 and 471 I.P.C., Police Station - Robertsganj , District - Sonbhadra 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 :- 27.11.2018 S Rawat