Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39599 of 2018 Applicant :- Vinod Gaud Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Mohammad Abbas Abdy,Bal Mukund Kushwaha 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. He further claims to be a tenant of the previous owner Smt. Annapurna Mishra, who is a lady of more than 80 years. This fact of his being a tenant has been supported by an affidavit of Shobha Mishra, who is daughter in law of Smt. Annapurna Mishra, previous owner of the house in question. The same has been brought on record by way of filing a supplementary affidavit, which has been filed by the applicant. It is a disputed fact that the house in question has been obtained from the applicant. The applicant does not bear any criminal history and is languishing in jail since 12.8.2018.
Learned AGA has opposed prayer for bail. However, learned AGA 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 Vinod Gaud involved in Case Crime No. 0095 of 2018, under Sections 447, 504, 386 I.P.C., Police Station Soraon, District Allahabad, 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 :- 31.10.2018 N.A.