Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35316 of 2021 Applicant :- Vishal Opposite Party :- State of U.P.
Counsel for Applicant :- Abhishek Singh,Akshaivar Singh,Dhiraj Kumar Pandey 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, in brief, is that the applicant is innocent and has been falsely implicated in this case. The applicant is not named in the first information report, whereas, the applicant was taken from lock-up and false recovery was slapped by the police not only against the applicant but against two other co-accused. Recovery is alleged to have been made jointly and that too without any independent witness except the informant who is interested witness. How can joint recovery be imputed against the applicant. The applicant does not bear any criminal history and is languishing in jail since 15.06.2021.
Learned A.G.A. has opposed prayer for bail.
Upon consideration of 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 involved in Case Crime No.141 of 2021, under Sections 379, 411 I.P.C., Police Station Gagalheri, District Saharanpur 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 :- 25.10.2021 rkg