Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2685 of 2019 Applicant :- Ranjeet Kushwaha Opposite Party :- State Of U.P. Counsel for Applicant :- Sita Ram 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.
Applicant claims to have been falsely implicated in this case and the entire F.I.R. is an outcome of counterblast. The applicant himself lodged an F.I.R. against the informant side on 23.10.2018. Then, as a measure of counterblast on 29.10.2018, this F.I.R. was lodged. There is no specification about the giving or taking of any money and no such transaction is substantiated by any document. Offence alleged is triable by the Magistrate Ist Class. 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 12.12.2018.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
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 - Ranjeet Kushwaha involved in Case Crime No. 261 of 2018, under Sections - 406, 420, 506 I.P.C., Police Station - Bindki, District - Fatehpur 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 :- 21.1.2019 S Rawat