Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45170 of 2018 Applicant :- Umesh Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Singh Sengar,Ajay Singh Sengar 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. Nothing incriminating in fact has been recovered from the possession of the applicant. Similarly circumstanced co- accused Ram Ratan @ Lalu and Lajja Ram Nishad have been admitted to bail by this Court vide order dated 17.11.2018 in Criminal Misc. Bail Application Nos.43978 of 2018 and 43979 of 2018. A copy of the said orders has been produced by the learned counsel for the applicant. Criminal history of the applicant has been explained in the paragraph no.9 of the affidavit filed in support of the bail application.The applicant is languishing in jail since 10.9.2018. The applicant undertakes that if he is admitted to bail, he will neither abscond nor misuse the liberty so granted to him.
Learned AGA has opposed prayer for bail. However, he 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 - Umesh Singh involved in Case Crime No.308 of 2018, under Sections – 457, 380, 382, 411, 120- B, 212 I.P.C., Police Station - Bidhuna, District – Auraiya 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 :- 27.11.2018 S Rawat