Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45878 of 2018 Applicant :- Shivam Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashutosh Gupta,Vandana Gupta 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 and perused the material available on record.
Argument on behalf of the applicant has been extended to the effect 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. There is no public independent witness to the fact of alleged recovery. Similarly circumstanced co-accused Suryamani Yadav and Bhagwan Singh have already been admitted to bail by this Court vide order dated 26.11.2018 in Criminal Misc. Bail Application No.44807 of 2018. In case the applicant is released on bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 5.10.2018.
The learned A.G.A. has vehemently opposed the prayer. However, he 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 - Shivam involved in Case Crime No.798 of 2018, under Sections - 379, 411, 420 IPC and 3/7 Essential Commodities Act, Police Station - Nauhjhil, District - Mathura 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 :- 30.11.2018 rkg