Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40346 of 2018 Applicant :- Tarun Agrawal Opposite Party :- State Of U.P.
Counsel for Applicant :- Gautam,Mahendra Ram Maurya,Vivek Kumar Maheshwari Counsel for Opposite Party :- G.A.,Pankaj Srivastava,Swetashwa Agarwal
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, Sri Pankaj Srivastava, Sri Swetashwa Agarwal, learned counsel for the informant 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. The applicant has not misappropriated any amount in question. Though some misunderstanding cropped up between the parties which has resulted into launching criminal case against the applicant but the settlement has arrived at between the parties. No offence has been committed by the applicant. Offence alleged is triable by the Magistrate Ist Class. In case the applicant is admitted to bail, there is no possibility of applicant's absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 26.07.2018.
At this stage, learned counsel for the informant submitted that misunderstanding cropped up between the parties has been removed, the settlement has arrived at between the parties, and nothing remains to be adjudicated upon in this case insofar as the informant side is concerned.
Learned A.G.A. has adopted contention of the learned counsel for the informant.
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 applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant Tarun Agrawal involved in Case Crime No.287 of 2018, under Sections 420, 467, 468, 471 I.P.C., Police Station Brahmpuri, District Meerut 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 :- 26.2.2019 rkg