Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45884 of 2018 Applicant :- Ved Prakash Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Rai 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. The applicant is not named in the first information report. Nothing incriminating has been recovered from possession of the applicant. The offence alleged is triable by Magistrate Ist Class. Similarly circumstanced co-accused Girish Rana has already been admitted to bail by this Court vide order dated 17.11.2018 in Criminal Misc. Bail Application No.43984 of 2018. In case the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant is languishing in jail since 07.09.2018.
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- Ved Prakash involved in Case Crime No. 536 of 2017, under Sections - 379, 411 I.P.C., Police Station - Prem Nagar , District - Bareilly 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 :- 30.11.2018 rkg