Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8340 of 2019 Applicant :- Raunak Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Singh,Amit Rai 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. The applicant has no role to play in the commission of the offence. Similarly circumstanced co-accused Iqbal has already been admitted to bail by this Court vide order dated 18.2.2019 in Criminal Misc. Bail Application No.6836 of 2019. A copy of the said order has been produced by the learned counsel for the applicant, the same is taken on record. Criminal history of the applicant has been explained in paragraph no.16 to the affidavit filed in support of this bail application. The applicant is languishing in jail since 24.11.2018.
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 - Raunak involved in Case Crime No. 1076 of 2018, under Sections - 395 and 412 I.P.C., Police Station - Nai Mandi, District - Muzaffar Nagar 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 :- 26.2.2019 S Rawat