Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45319 of 2021 Applicant :- Sandeep Kumar Yadav Opposite Party :- State Of U.P. Through Secretary Home At Lucknow Counsel for Applicant :- Narendra 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.
Contention, in brief, is that the appellant is innocent and has been falsely implicated in this case. He happens to be the marginal witness of the sale deed. The applicant has no nexus with the offence in question. The applicant is not the beneficiary of the sale deed in question. The vendor and vendee have already been granted anticipatory bail by co- ordinate Bench of this Court. Copy whereof has been annexed as Annexure No.2 to the affidavit filed in support of this bail application. In case the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant has no criminal history and is languishing in jail since 01.09.2021.
Learned A.G.A. has opposed prayer for bail.
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 - Sandeep Kumar Yadav involved in Case Crime No. 237 of 2020, under Sections - 420, 467, 468, 471, 323, 506 I.P.C., Police Station - Kayamganj, District - Farrukhabad 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 S Rawat Digitally signed by ARVIND KUMAR MISHRA Date: 2021.10.30 14:46:52 IST Reason: Document Owner Location: High Court of Judicature at Allahabad