Citation : 2019 Latest Caselaw 2772 ALL
Judgement Date : 10 April, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14834 of 2019 Applicant :- Radhakrishna Opposite Party :- State Of U.P. Counsel for Applicant :- Sankatha Devi,Ajai Kumar 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 the applicant was neither named in the FIR nor he was arrested on spot. Nothing has been recovered from the possession of the applicant. The applicant is languishing in jail since 19.1.2019. 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 - Radhakrishna involved in Case Crime No. 04 of 2019, under Sections- 392, 411 I.P.C., Police Station - Islamnagar, District - Badaun 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/-
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