Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40708 of 2018 Applicant :- Santosh Opposite Party :- State Of U.P.
Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA 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. There is no independent public witness to the fact of alleged recovery. Offence alleged is triable by the Magistrate Ist Class. Similarly circumstanced co-accused- Akash has already been admitted to bail by this Court vide order dated 28.9.2018 in Criminal Misc. Bail Application No.37105 of 2018. Criminal history of the applicant has been explained in the paragraph nos.18 and 19 of the affidavit to the application. The applicant is languishing in jail since 20.7.2018. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.
Learned AGA has opposed prayer for bail. However, he 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 - Santosh involved in Case Crime No. 767 of 2018, under Sections - 392, 411 I.P.C., Police Station - Kotwali Nagar, District - Etah 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 :- 29.11.2018 S Rawat