Court No. - 42 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41986 of 2018 Applicant :- Veerval @ Birval Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Learned counsel for the applicant is permitted to make necessary correction in the name of the applicant.
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. It is further submitted that the first informant has already obtained the compensation for the land in question from the government on account of his land being acquired by the Land Acquisition Officer. Even then the first informant on wrong and false statement has lodged the FIR just to extract money from the applicant. The applicant has not made any wrongful gain. In this case final report has been submitted against several persons but the applicant has been implicated without any rhyme or reason. The applicant is languishing in jail since 20.9.2018.
Learned AGA has opposed prayer for bail but does not dispute the fact that the first informant has already taken compensation from the Land Acquisition Officer.
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 Veerval involved in Case Crime No. 156 of 2017, under Sections 420, 467, 468, 471 and 120B I.P.C., Police Station Kosikalan, District Mathura 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 subject to the condition that he shall participate in the proceeding before the trial court on the date fixed.
Order Date :- 31.10.2018 Manish Tripathi