Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2700 of 2019 Applicant :- Ritesh Singh Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyendra Kumar Tripathi 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. No offence has been committed by the applicant. He has not committed any cheating or fraud with the A.T.M. machine and has not gained any advantage. Offence alleged is triable by the Magistrate Ist Class. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 23.10.2018.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Without entering into merit 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 Yadav involved in Case Crime No. 1174 of 2018, under Sections - 420, 380, 411 I.P.C. and Section 66, 66C, 66D of Information Technology Act, Police Station - Chakeri, District - Kanpur Nagar 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 :- 21.1.2019 S Rawat