Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15888 of 2019 Applicant :- Sachin Opposite Party :- State of U.P.
Counsel for Applicant :- Hari Prakash Mishra,P.K. Singh,Rajeev 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, in brief, is that the first information report does not name any accused which was lodged pursuant to the information given by Chaukidar of the village. After recording statement of the several witnesses - say Mahesh Chandra Sharma, Smt. Radha Sharma, Nawab, Sanni and Yogesh, only suspicion was raised against the applicant. Except that there is nothing against the applicant. Co- accused Amit was arrested by the police from whose possession certain recovery was made and he has specified the role of Jitendra to be involved in the commission of the crime and he also spelt name of the present applicant although without any overt act. 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 18.09.2018.
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 Sachin involved in Case Crime No.560 of 2018, under Sections 302, 201, 34 I.P.C., Police Station Sasni, District Hathras 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 :- 29.10.2021 rkg