Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41993 of 2018 Applicant :- Sonu Opposite Party :- State Of U.P.
Counsel for Applicant :- Pavan Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,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. Similarly circumstanced co-accused Pankaj has already been admitted to bail by this Court vide orders dated 20.6.2018 in Criminal Misc. Bail Application No. 22579 of 2018. Copy of the bail order has been annexed as Annexure No.4 to the bail application filed in support of this bail application. The applicant does not bear any criminal history and is languishing in jail since 5.4.2018.
Learned AGA has opposed prayer for bail.
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.
Let the applicant Sonu involved in Case Crime No. 203 of 2018, under Sections 392 and 411 I.P.C., Police Station Khatauli, District Muzaffar Nagar 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 subject to the condition that he shall participate in the proceeding before the trial court on the date fixed.
Order Date :- 31.10.2018 Manish Tripathi