Anil Vishwakarma vs State Of U.P.
2016 Latest Caselaw 6595 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35754 of 2016
 

 
Applicant :- Anil Vishwakarma
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Arjun Singh Yadav
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Vipin Sinha, J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present bail application under Section 439 Cr.P.C. has been filed by the applicant in Case Crime No. 296 of 2016, under Sections 392 & 120-B I.P.C, Police Station ? Thariyaon, District ? Fatehpur, with the prayer to enlarge the applicant on bail.

I have perused the prosecution story as set up in the FIR and also the bail rejection order.

The contention as raised at the Bar by learned counsel for the applicant is that the accused-applicant has not been named in the F.I.R and he has been falsely implicated in the present case on the baiss of statement of co-accused. It is next contended that the applicant has no previous criminal history. It is lastly contended that the applicant is in jail since 06.08.2016 and in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail.

Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima-facie view will not in any manner adversely affect the case of the prosecution.

The prayer for bail is granted. The application is allowed.

Let the applicant ? Anil Vishwakarma involved in the aforesaid crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.

Order Date :- 20.10.2016

Vinod.