Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41318 of 2018 Applicant :- Sattideen Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Learned counsel for the applicant claims that the applicant is on bail previously in this case and the non bailable warrant was issued on 15.9.2016, however, he surrendered on 21.7.2018 before the court below and currently he is under detention. He further submits that the applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. Nothing incriminating has been recovered from possession of the applicant. Criminal history of the applicant has been explained in the paragraph no.6 of the affidavit to the application. The applicant is languishing in jail since 21.7.2018.
The learned A.G.A. has vehemently opposed the prayer. However, learned AGA has not disputed the aforesaid facts.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant - Sattideen involved in Case Crime No.976 of 2010, under Sections-136, 136(2), 137 of Electricity Act and under Section-379, 411 I.P.C., Police Station-Kabarai, District-Mahoba 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 :- 29.10.2018 S Rawat