Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45403 of 2018 Applicant :- Vishal Gupta Opposite Party :- State Of U.P. Counsel for Applicant :- A.T. Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is not named in the FIR. He further submits that the applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. Except confessional statement of the co-accused, there is no credible evidence existing against the applicant. Offence alleged is triable by the Magistrate Ist Class. The applicant has no previous criminal history and is languishing in jail since 13.4.2018 in the present case. He lastly adds that in case, applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Vishal Gupta involved in Case Crime No.83 of 2018, under Section - 379 IPC, Police Station - Thuthibari, District - Maharajganj 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