Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41628 of 2018 Applicant :- Shrawan Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Jash Ram 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.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case. He further submitted that there is no direct allegation against the applicant. He happens to be a person, who was only standing near the vehicle. His case is very much distinguishable from the other co-accused namely Gulab Singh, Jay Singh and Ajay Singh, who were allegedly apprehended by the police on 22.9.2018 from the house in question. The applicant has no criminal history and is languishing in jail since 22.9.2018.
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-Shrawan Kumar involved in Case Crime No.335 of 2018, under Sections-419, 420, 467, 468, 471, 255/256, 472 I.P.C. and under Section-60 (2) and under Section-62 of U.P. Custom Duty/Excise Act, Police Station - Utarav, District - Allahabad 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.
It is made clear that the advantage of this bail order shall not go to the aforesaid three co-accused, namely, Gulab Singh, Jay Singh and Ajay Singh.
Order Date :- 30.10.2018/S Rawat