Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45410 of 2018 Applicant :- Virbhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Mayank Singh,Ram Dulare Singh 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.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is not named in the FIR. His name surfaced only in the confessional statement of co-accused. In Case Crime No.421 of 2017, in which the applicant is involved, the applicant has been admitted to bail vide order of the XIV Additional Session Judge, Agra dated 16.10.2018. A copy of the said order has been produced by the learned counsel for the applicant. Similarly circumstanced co-accused namely Indrajeet and Kartar Singh have been admitted to bail by co-ordinate Bench of this Court. Copy of bail orders have been placed on record as Annexure No.3 filed in support of the bail application. The applicant is languishing in jail since 27.9.2018 in the present case. In case the applicant is released on bail there is no possibility of his absconding or misusing the liberty of bail. The 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- Virbhan involved in Case Crime No. 410 of 2017, under Sections - 394, 411, Police Station - Dauki , District - Agra 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