Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36055 of 2021 Applicant :- Ratnesh Opposite Party :- State of U.P.
Counsel for Applicant :- Anurag Dubey, Counsel for Opposite Party :- G.A. Arun Kumar Sharma
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, Sri Arun Kumar Sharma, learned counsel for the informant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Urge made on behalf of the applicant has been confined to the ambit that in this case, applicant is innocent and has been falsely implicated in this case. General and vague allegations have been made against the applicant. It was free-fight and both the sides sustained injuries. Neither there is motive for the applicant to commit the offence in question nor is there specific allegation against the applicant. It cannot be said with certainity as to who caused fatal blow to the deceased. It being so, it cannot be said that the applicant has caused any particular harm which resulted into death of the deceased. In case the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant is languishing in jail since 23.03.2021 Learned counsel for the informant has opposed prayer for bail, however, he has not disputed the lodging of the first information report by the applicant's side against the informant's side regarding the same incident.
Upon consideration of 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 Ratnesh involved in Case Crime No.117 of 2021, under Sections 147, 148, 149, 302, 323, 504, 506 I.P.C., Police Station Bewar, District Mainpuri 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 :- 27.10.2021 rkg