Kanhaiya vs State Of U.P.
2018 Latest Caselaw 749 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 16
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18944 of 2018
 

 
Applicant :- Kanhaiya
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Rajesh Kumar Srivastava,Virendra 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 AGA 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, he has not committed any offence but he has been falsely implicated in the present case. Nothing incriminating has been recovered from the possession of the applicant. The police after arrest of the applicant slapped false cases against him. There is no independent witness to the factum of arrest and recovery. There is no criminal history of the applicant. The applicant is languishing in jail since 22.2.2018.

Learned AGA has opposed prayer for bail. However, learned AGA 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 Kanhaiya involved in Case Crime No. 220 of 2018, under Sections 395, 412, 120B I.P.C., Police Station Fatehpur Sikri, District Agra, 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 :- 21.5.2018

Rmk.