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Shatrudhan vs State Of U P

High Court Of Judicature at Allahabad|26 February, 2019
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JUDGMENT / ORDER

Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8360 of 2019 Applicant :- Shatrudhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Shashi Kant Pandey 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. He happens to be driver of the vehicle in question. He has not committed any offence. The vehicle in question was authorized to dig out and convey the minerals. Offence alleged is triable by the Magistrate Ist Class. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant is languishing in jail since 21.12.2018.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Without entering into merit 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 - Shatrudhan involved in Case Crime No. 286 of 2018, under Sections - 379, 411 I.P.C., 3/5 Damage Control of Public Property Act, U.P. Upkhaniz (Parihar) Niyamawali, 1963 Ke Niyam 3/57/70 and Mines and Minerals Developing Act, 1957 and Section 4 & 21, Police Station - Purandarpur, District - Maharajganj 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 :- 26.2.2019 S Rawat
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Title

Shatrudhan vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
26 February, 2019
Judges
  • Arvind Kumar Mishra I
Advocates
  • Shashi Kant Pandey