Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5714 of 2019 Applicant :- Virendra Bind @ Mithai Bind Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Srivastava,Vinod Kumar Singh Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. 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. Both the parties have caused injuries on each other. The applicant also sustained head injury in the incident. It is alleged against the applicant that he caused the blow on the deceased on his head. However, the deceased also sustained one more injury. Initially N.C.R. was lodged in this case, which after death of deceased- Polhawan Bind was converted under Section- 304 I.P.C. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 23.11.2018.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit 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 - Virendra Bind @ Mithai Bind involved in Case Crime No. 120 of 2018, under Sections - 323, 304, 504 I.P.C., Police Station - Shadiyabad, District - Ghazipur 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 :- 31.7.2019 S Rawat