Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45407 of 2018 Applicant :- Sribhagawan @ Rahul Opposite Party :- State Of U.P.
Counsel for Applicant :- Mayank Singh,Ram Dulare Singh 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.
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 is not named in the first information report. The police has planted false recovery whereas nothing incriminating has been recovered from possession of the applicant. His name surfaced in the confessional statement of other co- accused. Similarly circumstanced co-accused Mahendra Singh, Shiv Singh @ Shiva, Chhotu and Teetu @ Raghuveer have already been admitted to bail by this Court vide orders dated 7.9.2018, 25.9.2018 and 4.10.2018 in Criminal Misc. Bail Application Nos.33667 of 2018, 36140 of 2018 and 37938 of 2018. Copy of bail order has been annexed as Annexure no. 3 to the affidavit filed in support of this bail application. The applicant has no criminal history and is languishing in jail since 12.8.2018. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.
Learned AGA has opposed prayer for bail. However, he 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 - Sribhagawan @ Rahul involved in case crime no.256 of 2018, under Sections 395, 397, 412 IPC and 15 Dacoits Affected Area Act, Police Station Pinahat, District Agra 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 :- 28.11.2018/S Rawat