Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5741 of 2019 Applicant :- Riyasat Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Yadav,Mohit Kumar 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.
The core contention raised on behalf of the applicant is that the applicant is not named in the FIR. The name of the applicant came to light in the statement of the co-accused Mohit. No specific role has been assigned to the applicant. The co-accused Mohit alias Amit, Raghubir Pradhan and Smt. Sunita alias Sarita have been admitted to bail by coordinate bench of this court in criminal misc. bail application nos. 46874 of 2018, 11288 of 2019 and 47547 of 2018 on 18.1.2019,15.5.2019 and 12.12.2018. 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 is languishing in jail since 27.7.2018.
Learned A.G.A. has vehemently opposed prayer for bail by contending that the applicant is involved in the commission of the offence by snatching away the victim from the lap of his mother and the role of other co- accused, who have been admitted to bail, is entirely different from the applicant, for reason that he handed over the child after snatching it away from the mother. However, he has not disputed the fact that the applicant is in jail since 27.7.2018 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 Riyasat involved in Case Crime No. 354 of 2018, under Sections 364 I.P.C. Police Station Kotwali Dehat, District Saharanpur 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 :- 30.7.2019 N.A.