Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41915 of 2018 Applicant :- Rishi Opposite Party :- State Of U.P.
Counsel for Applicant :- Nishant Dwivedi 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. Nothing incriminating has been recovered from the possession of the applicant. The police has planted false and forged recovery against the applicant. There is no independent public witness of the recovery. The another co-accused from whom the recovery has been made, has been admitted to bail on 9.10.2018, whose bail order has been placed on record as Annexure S.A. 1. The applicant does not bear any criminal history and is languishing in jail since 7.7.2018.
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 Rishi involved in Case Crime No.
112 of 2018, under Sections 395, 397, 412 I.P.C., Police Station Nidhauli Kalan, District Etah, 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 :- 31.10.2018 N.A.