Amit Kumar vs State Of U.P.
2018 Latest Caselaw 3255 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39615 of 2018
 

 
Applicant :- Amit Kumar
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ashutosh
 
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 and has been falsely implicated in this case. Nothing incriminating has been recovered from possession of the applicant. There is no independent public witness to the fact of recovery. Offence alleged is triable by the Magistrate, First Class. The applicant is languishing in jail since 21.06.2018.

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 Amit Kumar involved in Case Crime No.595 of 2018, under Sections 379, 411 I.P.C., Police Station Civil Lines, District Rampur 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 :- 12.10.2018

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