Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30572 of 2019 Applicant :- Shyam Narain Alias Bachcha Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudhir Kumar Agarwal,Indra Bhan Yadav 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 is that it is a cross case. Both sides have lodged the report and both side have sustained injuries. At this moment it cannot be decided at to which party was the aggressor. It is next submitted that in case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and is languishing in jail since 28.6.2019.
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 Shyam Narain Alias Bachcha Lal involved in Case Crime No. 16 of 2019, under Sections 147, 323, 504, 506, 452, 304 I.P.C. Police Station Chakarghatta, District Chandauli 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 :- 30.7.2019 N.A.