Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13024 of 2018 Applicant :- Sekhar Opposite Party :- State Of U.P.
Counsel for Applicant :- Azhar Hussain,Ravitendra Pratap Singh Chandel 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 the present case. The offences alleged are triable by the Magistrate Ist Class. The police after arrest of the applicant slapped false cases against him. There is no independent witness to the factum of arrest and recovery. Similarly placed co-accused Ajay and Rinku have been granted bail by this Court vide orders dated 13.3.2018 and 16.5.2018 passed in Criminal Misc. Bail Application Nos. 9423 of 2018 and 18139 of 2018 respectively. The applicant is languishing in jail since 31.12.2017.
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 Sekhar involved in Case Crime No. 1056 of 2017, under Sections 411, 413, 420, 467, 468, 471 I.P.C., Police Station Hariparwat, District Agra, 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 :- 31.5.2018 Rmk.