Raju Mishra vs State Of U.P.
2019 Latest Caselaw 2765 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14880 of 2019
 
Applicant :- Raju Mishra
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Pradeep Kumar Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,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.

Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. Further submission is that since co-accused Suraj Kumar and Ravi Bhartiya have already been released on bail in Criminal Misc. Bail Application Nos.2197 of 2019 and 2111 of 2019 by orders dated 17.1.2019 and 17.1.2019 respectively, the applicant is also entitled for bail on the ground of parity. The applicant having no previous criminal history, he is languishing in jail since 30.9.2018. The applicant undertakes that he will not misuse the liberty of bail, if granted.

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

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 - Raju Mishra involved in Case Crime No. 353 of 2018, under Sections- 394, 411 I.P.C., Police Station - Cantt. District - Allahabad 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 :- 10.4.2019

RCT/-