Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40328 of 2019 Applicant :- Sanchit Shukla Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Applicant while laying stress on the various particular averments contained in the accompanying affidavit has laid stress on the point that nothing incriminating appears against the applicant and the accusation is conjectural cannot be believed under facts and circumstances of the case. The testimony of the so- called witnesses- say- Smt. Radha and Avanish, as appeared on page no.62 of the bail application (Annexure No.7) is highly doubtful and cannot be taken to be correct because the deceased was got admitted at 6.32 p.m. on 1.2.2019, whereas their statement negates that position that there is no eye- account testimony that the applicant ever locked the door as such because the applicant had no motive to commit any such offence. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 27.4.2019 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Sanchit Shukla involved in case crime no.100 of 2019, Sessions Trial No.350 of 2019, under Section 304 IPC, Police Station Naubasta, 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 :- 27.9.2019/Raj