Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24832 of 2021 Applicant :- Sarvesh Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Kuldeep Singh Yadav Counsel for Opposite Party :- G.A.,Pankaj Kumar Mishra
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, Sri Pankaj Kumar Mishra, learned counsel for the informant 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 prior to the lodging of the first information report, a missing report was lodged regarding disappearance of the victim. If it was so that missing report was lodged prior in time and thereafter on 11.05.2020, the first information report followed regarding the occurrence which took place on 08.05.2020, generates suspicion about actual occurrence and on the same base, two other co-accused Pushpendra @ Brijesh Kumar in criminal misc. bail application no.8542 of 2021 vide order dated 16.03.2021 and Durvesh Kumar in criminal misc. bail application no.9709 of 2021 vide order dated 22.03.2021 have been admitted to bail by coordinate Bench of this Court. The applicant does not bear any criminal history and is languishing in jail since 08.01.2021.
Learned counsel for the informant has contended that recovery of weapon of assault was made from possession of the applicant. There is no report of forensic science laboratory regarding recovery so effectuated from the applicant.
Learned A.G.A. has adopted the contention of the learned counsel for the informant.
Upon consideration of 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 involved in Case Crime No.175 of 2020, under Sections 364A, 302, 201 I.P.C., Police Station Jaswant Nagar, District Etawah 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 :- 26.10.2021 rkg