Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17881 of 2018 Applicant :- Vinod Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajeet Kumar Baranwal,V.K. Baranwal 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 the present case. Nothing was recovered from the possession of the applicant except one mobile phone which is being used by the applicant. There is no independent witness to the factum of arrest and recovery. There is no criminal history of the applicant. The applicant is languishing in jail since 13.04.2018.
Learned counsel for the applicant has drawn the attention of the Court to the Criminal Misc. Listing Application No. 3 of 2018, wherein it has been stated in paragraph 3 of the affidavit filed in support of the listing application that Rs. 1,10,000/- has been transferred by father of the applicant in the Savings Bank Account of the informant bearing Savings Bank Account No. 35235179435 and a copy of the remittance has been annexed as Annexure-1 to the affidavit filed in support of the listing application. It is further stated that the marriage of the applicant is scheduled in the month of July, 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 Yadav involved in Case Crime No. 337 of 2018, under Sections 420, 406, 467, 468, 471 I.P.C., Police Station Majhola, District Moradabad, 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 :- 30.5.2018 Rmk.