Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7313 of 2019 Applicant :- Sujit Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Priyanka Verma,Karma Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Learned counsel for the applicant is permitted to correct name of the applicant in the array of the parties during course of the day.
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 has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. This case has been lodged by the informant side as a counter blast to the F.I.R. lodged by the applicant. Both the sides have sustained injuries. Co-accused Rahul Kumar has already been admitted to bail by this Court vide order dated 22.02.2019 in Criminal Misc. Bail Application No.7734 of 2019. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 17.01.2019.
Learned AGA has opposed prayer for bail. However, he 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 applicants are entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Sujit Kumar involved in Case Crime No. 17 of 2019, under Sections - 147, 148, 149, 323, 504, 506, 427, 394 I.P.C. and Section - 7 Criminal Law Amendment Act, Police Station - Machhlishahar, District - Jaunpur 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 :- 28.2.2019 rkg