Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23905 of 2019 Applicant :- Suresh @ Sollu Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
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. Nothing incriminating has been recovered from possession of the applicant. No cheating, whatsoever, has been committed by the applicant. The prime accused Bobby, who was also involved in this case, has already been admitted to bail by the court below. Merely on account of criminal history of the applicant, his bail prayer was rejected by the court below. The applicant is languishing in jail since 20.01.2017.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the fact that similarly placed co-accused have been granted bail by court below. 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 Suresh @ Sollu involved in Case Crime No.146 of 2017, under Section 420 I.P.C., Police Station Nai Mandi, District Muzaffar Nagar 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 :- 10.6.2019 Rk