Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36468 of 2021 Applicant :- Rishi Opposite Party :- State of U.P.
Counsel for Applicant :- Arun Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. 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 is not named in the first information report. The name of the applicant has surfaced in the confessional statement of the co-accused Harun and Ranu. Similarly circumstanced co- accused Ensar Ali has already been admitted to bail by coordinate Bench of this Court vide order dated 15.09.2021 in criminal misc. bail application no.33995 of 2021. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and he is languishing in jail since 30.06.2021.
Learned A.G.A. has opposed prayer for bail.
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 Rishi involved in Case Crime No.246 of 2021, under Sections 3/5/8 U.P. Prevention of Cow Slaughter Act, 1955, Police Station Kisni, 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