Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45408 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.
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. His name surfaced only in the confession statement of the other co-accused. Similarly circumstanced co-accused namely Mahendra, Shiv Singh @ Shiva, Chhotu and Teetu @ Raghuveer have been admitted to bail by co-ordinate Bench of this Court. Offence alleged is triable by the Magistrate Ist Class. The applicant is languishing in jail since 12.9.2018. 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.
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.
256 of 2018, under Sections – 395, 397, 412 IPC & 15 Dacoits Affected Area Act, I.P.C., Police Station - Pinahat, 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