Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45172 of 2018 Applicant :- Ravi Kumar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Adya Shankar Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State of U.P and perused the material available on record.
Learned counsel for the applicants has submitted that the applicants have been falsely implicated in this case. He further adds that the alleged recovery in question has been made from the joint possession, which is not supported by any independent public witness. In so far as the false recovery of mobile cell phone has been planted against Banti, which is not supported by any independent public witness, however nothing incriminating has been recovered from the possession of Ravi Kumar. Similarly circumstanced co-accused Prabhat Singh has been admitted to bail by this Court vide order dated 26.11.2018 and in Criminal Misc. Bail Application No.44870 of 2018. The applicants have no criminal history except the present one and are languishing in jail since 14.9.2018. In case the applicants are released on bail there is no possibility of their absconding or misusing the liberty of bail.
Learned AGA has opposed prayer for bail. However, learned AGA 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 applicants are entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicants - Ravi Kumar and Banti @ Vijaypal involved in Case Crime No. 511 of 2018, under Sections - 60 (2) & 63 Excise Act, Sections - 420, 467, 468 & 471 Indian Penal Code & Section -
104 Trade Mark Act, Police Station-Kotwali Dehat, District - Etah be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 27.11.2018 S Rawat