Nitin vs State Of U.P.
2018 Latest Caselaw 3502 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42132 of 2018
 

 
Applicant :- Nitin
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Varun Kumar Srivastava,Anil Kumar Jaiswal
 
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. The applicant is not named in the first information report. The name of the applicant has came to light in the confessional statement of the co-accused Ankit Pahalwan who has already been admitted to bail by this Court vide order dated 30.10.2018 in Criminal Misc. Bail Application No.41643 of 2018. The applicant is languishing in jail since 12.09.2018.

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 Nitin involved in Case Crime No.824 of 2018, under Sections 392, 411 I.P.C., Police Station Sector Baraut, District Baghpat 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 :- 1.11.2018

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