Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29807 of 2019 Applicant :- Rakesh Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Sushil Dubey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. There is no motive to commit the offence in question. He further submits that General and vague allegations have been made against the applicant. He further added that the main role of causing injuries to the deceased has been assigned to co- accused Rohit Kumar (son of the applicant). Under the similar circumstances co- accused Mayadevi @ Sangeeta has been admitted to bail by this Court on 24.7.2019 in Criminal Miscellaneous Bail Application No.29517 of 2019. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 28.04.2019 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Rakesh Kumar- involved in case crime no.119 of 2019, under Sections 323, 452, 304 IPC, Police Station Jasrana, district Firozabad 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/Raj