Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19847 of 2018 Applicant :- Sanju Kumar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Dileep Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicants has been confined to the extent that the applicants are innocent and have been falsely implicated in this case. The applicants were authorized to conduct examination and they have not played any specific role in commission of the offence. Whatsoever, money was obtained has been obtained by Himanshu. Co-accused Vinod Yadav has already been admitted to bail by this Court vide order dated 30.05.2018 in Criminal Misc. Bail Application No.17881 of 2018. The applicants do not bear any criminal history and are languishing in jail since 12.04.2018.
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 applicants are entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicants Sanju Kumar and Soney Lal involved in Case Crime No.337 of 2018, under Sections 420, 406, 467, 468, 471 I.P.C., Police Station Maghola, District Moradabad 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 :- 31.5.2018 rkg