Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41943 of 2018 Applicant :- Rajveer Opposite Party :- State Of U.P. Counsel for Applicant :- Pravin Kumar 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 by the police in collusion with the informant. Criminal history of the applicant has been explained under paragraph no.12 of the affidavit filed in support of the bail application. There is no independent witness to the fact of recovery. Similarly circumstanced co-accused Umesh has already been admitted to bail by this Court vide orders dated 10.1.2018 passed in Criminal Misc. Bail Application Nos. 44479 of 2017 The applicant will not abscond if he is released on bail. The applicant is languishing in jail since 25.9.2017.
Learned AGA has opposed prayer for bail.
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 Rajveer involved in Case Crime No. 456 of 2017, under Sections 392 and 411 I.P.C., Police Station Talgram, District Kannauj 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 subject to the condition that he shall participate in the proceeding before the trial court on the date fixed.
Order Date :- 31.10.2018 Manish Tripathi