Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17652 of 2019 Applicant :- Ramesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Bhaskar Bhadra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,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.
Crux contention raised before this Court relates to fact that there is no specific allegation regarding participation of the applicant even in the commission of the crime. Whatever specification has been made in the first information report pertains to co-accused Rajesh. The role of the applicant has been stated to be that of accompanying co-accused Rajesh. No wrongful loss has been caused by 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 7.10.2018.
Learned AGA has opposed prayer for bail. However, he 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 - Ramesh involved in Case Crime No. 819 of 2018, under Sections - 420, 467, 468 & 471 I.P.C., Police Station - Kotwali, District - Bareilly 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 :- 26.4.2019 NS