Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20722 of 2018 Applicant :- Rinku Kumar Baruvar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Prakash Rai Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicants has been confined to the extent that the applicants are innocent and have been falsely implicated in this case. The applicants are not named in the first information report. There is no public witness to the fact of recovery. Offence alleged is triable by the Magistrate Ist Class. The applicants do not bear any criminal history and are languishing in jail since 19.03.2018.
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 Rinku Kumar Baruvar and Shriram Baruvar involved in Case Crime No.245 of 2018, under Sections 401, 411, 412, 419, 420, 467, 468, 471 I.P.C., Police Station Cantt., District Gorakhpur 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 :- 31.5.2018 rkg