Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41672 of 2018 Applicant :- Ravi Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajnish Pandey 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 criminal history. The police after arresting the applicant has slapped false cases against him which are absolutely denied by the applicant. Fact is that the applicant is not named in the first information report. Recovery has been falsely planted against the applicant after one month of the incident. Offence alleged is triable by the Magistrate Ist Class. The applicant is languishing in jail since 05.09.2018.
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 applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Ravi Kumar involved in Case Crime No.621 of 2018, under Sections 379, 411, 471 I.P.C., Police Station Civil Lines, District Rampur 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 with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.10.2018 rkg