Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23769 of 2019 Applicant :- Shiv Kumar @ Bhure @ Ankit Opposite Party :- State Of U.P. Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,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. No offence has been committed by the applicant. The applicant is not named in the first information report. Nothing incriminating has been recovered from the possession of the applicant and there is no independent public witness to the fact of alleged recovery. Criminal history of the applicant has been explained under various paragraphs of the affidavit filed in support of this bail application. 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 25.4.2016.
Learned A.G.A. has opposed prayer for bail.
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 -Shiv Kumar @ Bhure @ Ankit, involved in Case Crime No. 60 of 2016, under Sections - 394, 411 I.P.C., Police Station - Ait, District - Jalaun 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 :- 7.6.2019 bgs/