Vijay @ Horilal vs State Of U.P.
2019 Latest Caselaw 977 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10455 of 2019
 

 
Applicant :- Vijay @ Horilal
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Harish Chandra Yadav,Rajesh Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Arvind Kumar Mishra-I,J.

Heard learned counsel for the applicant and the learned A.G.A. for the State.

Argument on behalf of the applicant has been extended to the effect that in this case, applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. Offence alleged is triable by the Magistrate First Class. Similarly circumstanced co-accused Dinesh has already been admitted to bail by this Court vide order dated 27.2.2019 in Criminal Misc. Bail Application No. 8629 of 2019. A copy of the said order has been produced by the learned counsel for the applicant, the same is taken on record. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 3.11.2018.

The learned A.G.A. has vehemently opposed the prayer.

Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.

Let the applicant - Vijay @ Horilal involved in case crime no.99 of 2018, under Sections 419, 420, 467, 468 IPC, Police Station Chilla, District Banda 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 :- 11.3.2019

S Rawat