Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3184 of 2019 Applicant :- Vivek Pratap Singh @ V.P. Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Rohit Nandan Singh Counsel for Opposite Party :- G.A.,Brijesh Kumar Yadav
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.
The core contention raised on behalf of the applicant is that there is no direct or credible evidence against the applicant except the statement of the co-accused that alone would not be the only factor for implicating the applicant in the offence in question in absence of any cogent evidence against the applicant. Similarly circumstance co- accused Vinay Kumar, Shyam Balak Ram Yadav and Satendra Singh have been admitted to bail by coordinate bench of this court in criminal misc. bail application nos. 1376 of 2019,6351 of 2019 and 2733 of 2019 on 29.5.2019, 25.2.2019 and 21.1.2019. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail and is languishing in jail since 28.5.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
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 Vivek Pratap Singh @ V.P. Yadav involved in Case Crime No. 218 of 2018, under Sections 304/34/272/273 I.P.C. and section 60(A) of the Excise Act Police Station Sachandi District Kanpur Nagar 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 :- 30.7.2019 N.A.