Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48799 of 2018 Applicant :- Sadho Yadav @ Sadho Ram Opposite Party :- State Of U.P.
Counsel for Applicant :- Vipin Kumar 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.
While claiming immunity, learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case on account of enmity. The role of causing arson has been attributed to the other co-accused, whereas, only role of exhortation has been attributed to the present applicant. 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 04.11.2018.
Learned A.G.A. 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 Sadho Yadav @ Sadho Ram involved in Case Crime No.239 of 2018, under Sections 323, 436, 504 I.P.C., Police Station Baksha, District Jaunpur 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 :- 19.12.2018 rkg