Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45247 of 2018 Applicant :- Vishal Kashyap Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava 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. Similarly circumstanced co-accused Shekhar and Upendra @ Neetu have already been admitted to bail by this Court vide orders dated 12.11.2018 and 20.11.2018 in Criminal Misc. Bail Application Nos.42601 of 2018 and 44426 of 2018, respectively. The applicant does not bear any criminal history and is languishing in jail since 24.09.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. 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 Vishal Kashyap involved in Case Crime No.1905 of 2018, under Sections 411, 414, 482, 467, 468, 471, 120B I.P.C., Police Station Sihanigate, District Ghaziabad 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 :- 27.11.2018 rkg