Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45496 of 2018 Applicant :- Vikky Prasad Opposite Party :- State Of U.P. Counsel for Applicant :- Kamal Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Learned counsel for the applicant has filed supplementary affidavit, the same is taken on record.
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. His name surfaced in the confessional statement of co-accused Samir. Criminal history of the applicant has been explained in the paragraph no.10 of the affidavit filed in support of the bail application.The applicant is languishing in jail since 28.8.2018. 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 - Vikky Prasad involved in Case Crime No.179 of 2018, under Sections – 394, 412, 120B I.P.C., Police Station- Kotwali Kalpi, District – Jalaun 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 :- 28.11.2018 S Rawat