Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41827 of 2018 Applicant :- Ritesh Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhay Raj Singh 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 very description contained in the first information report is self- explanatory of fact that name of the applicant has been deliberately dragged in and he has been apprehended at the instance of the police personnel of the police station concerned. The applicant does not bear any criminal history and is languishing in jail since 16.09.2018.
Learned AGA has opposed prayer for bail. However, learned A.G.A. 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 Ritesh Singh involved in Case Crime No.416 of 2018, under Section 395 I.P.C., Police Station Phoolpur, District Varanasi 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 rkg