Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41302 of 2018 Applicant :- Sanjeev Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohammad Belal 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. Similarly circumstanced co-accused Gaurav has already been admitted to bail by this Court vide order dated 3.8.2018 in Criminal Misc. Bail Application No.29277 of 2018. Copy of bail order has been annexed as Annexure no. 4 to the affidavit filed in support of this bail application. The applicant has no criminal history and is languishing in jail since 30.6.2018 Learned AGA has opposed prayer for bail. However, learned AGA 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- Sanjeev involved in Case Crime No.231 of 2018, under Sections - 420, 467, 468, 471, 412, 395 I.P.C., Police Station - Garh Mukteshwar, District - Hapur 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 :- 29.10.2018 S Rawat