Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29724 of 2019 Applicant :- Rajeev Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Anuj Bajpai Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant 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 applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. General and vague allegation have been made against the applicant. No offence, whatsoever, has been committed by the applicant. Applicant happens to be the son of co-accused- Suresh and on the basis of the same, he has been falsely roped in, in this case. There is no motive to commit the offence. Moreover, the main role of causing the fatal blow has been assigned to other co-accused - Suresh, who is father of the applicant. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 10.4.2019.
Learned A.G.A. has opposed prayer for bail.
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 applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Rajeev Kumar involved in Case Crime No. 162 of 2019, under Section - 304 I.P.C., Police Station - Sindholi, District - Shahjahanpur 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 :- 25.7.2019 S Rawat