Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20316 of 2018 Applicant :- Sumit @ Tirri Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravi Shankar Tripathi 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. Co-accused Amit @ Nanhu who was caught on the spot has been admitted to bail by this Court vide order dated 07.05.2018 in Criminal Misc. Bail Application No.16881 of 2018, whose bail order has been annexed as annexure no.7 to the affidavit filed in support of this bail application, whereas, the applicant was not caught on the spot. Nothing incriminating has been recovered from possession of the applicant. The applicant is languishing in jail since 14.03.2018.
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 Sumit @ Tirri involved in Case Crime No.152 of 2018, under Sections 394, 332, 353, 504, 411 I.P.C., Police Station Binawar, District Budaun 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 following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.5.2018 rkg