Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41921 of 2018 Applicant :- Sunil Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Manvendra Narain Pathak 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 the demand for promotion. In fact, the informant has tried to blackmail the applicant. There is no specific description as to why ans when the offence was committed. Nothing incriminating has been recovered from the possession of the applicant. Similarly circumstances co- accused Dharmendra Yadav has been admitted to bail by this court in Criminal Misc. Bail application No. 34924 of 2018, whose bail order has been annexed as Annexure-5 to the bail applicaton. The applicant does not bear any criminal history and is languishing in jail since22.7.2018.
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 Yadav involved in Case Crime No. 557 of 2017, under Sections 419, 420, 342, 504, 506, 467, 468, 471 I.P.C., Police Station Kotwli Deoria, District Deoria, 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.