Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41850 of 2018 Applicant :- Sarvesh Kumar Nayak Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Mohan Mishra,Digambar Dwivedi 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. There is no public witness of the effect of recovery if the factum of recovery is accepted. Except his personal statement nothing clinching has been found from the investigation of the case. The applicant does not bear any criminal history and is languishing in jail since 258.2018.
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 Sarvesh Kumar Nayak involved in Case Crime No. 864 of 2018, under Sections 411, 413, 414, 419, 420, 465, 467, 468, 471 I.P.C., Police Station Lanka, District Varanasi, 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 :- 31.10.2018 N.A.