Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37916 of 2018 Applicant :- Samir @ Raju Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinay Kumar Singh,Ajay Kumar Singh Yadav 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 applicant is not named in the first information report and he has not been identified by the victim, therefore, his complicity in commission of the offence is not proved. There is no public independent witness to the fact of recovery. Criminal history of the applicant has been explained under paragraph no.11 of the affidavit filed in support of this bail application. The applicant is languishing in jail since 28.08.2018.
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 Samir @ Raju involved in Case Crime No.179 of 2018, under Sections 394, 412, 120B I.P.C., Police Station Kotwali Kalpi, District Jalaun 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 :- 27.11.2018 rkg