Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41853 of 2018 Applicant :- Sunil Kumar Alias Mulayam Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Shashi Bhushan Kunwar 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 on account of several reasons by the police. Nothing incriminating has been recovered from the possession of the applicant. The fact of recovery is not supported by any public witness. The criminal history of the applicant has been explained in the body of the affidavit. One of the co-accused has been admitted to bail by the lower court itself and the applicant is languishing in jail since 26.7.2018.
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 Sunil Kumar Alias Mulayam Yadav involved in Case Crime No. 125 of 2018, under Sections 41/411, 413, 419, 440, 467, 468, 471 I.P.C., Police Station Sahatwar, District Ballia, 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 :- 31.10.2018 N.A.