Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45901 of 2018 Applicant :- Sarvesh Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Vikas Singh 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. Infact, the applicant is a student of B.A. and has done his degree in the Bachelor of Arts. There is no independent public witness to the fact of recovery in question. Offence alleged is triable by the Magistrate Ist Class. The applicant has no criminal history and is languishing in jail since 23.10.2018. In case, the applicant is admitted to bail, there is no possibility of absconding and misusing the liberty of bail.
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 involved in Case Crime No.233 of 2018, under Sections 411, 413, 419, 420, 467, 468, 471 I.P.C., Police Station Lalauli District Fatehpur 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 :- 30.11.2018 S Rawat