Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49948 of 2018 Applicant :- Shiv Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Mukti Nath Dwivedi 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. The applicant is not named in the first information report. He has no role to play in the commission of the offence. No offence has been committed by the applicant. There is no credible evidence appearing against the applicant to connect him with the alleged offence. Offence alleged is triable by the Court of Session. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. Criminal history of the applicant has been explained under paragraph no.4 of the supplementary affidavit. The applicant is languishing in jail since 06.08.2016.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. 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 Shiv Kumar @ Lambu involved in Case Crime No.621 of 2016, Session Trial No.145 of 2017, under Sections 395, 412 I.P.C., Police Station Neuria District Pilibhit 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 rkg