Court allowed criminal bail application. Applicants were accused under IPC, Excise Act, and Trade Mark Act. Court granted bail without expressing opinion on merits.
Release of applicants on personal bond and two sureties each.
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Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43520 of 2018
Applicant :- Arvind Yadav And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Upendra Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants 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 applicants have been confined to the extent that the applicants are innocent and have been falsely implicated in this case. Nothing incriminating have been recovered from the possession of the applicants and there is no independent public witness to the fact of alleged recovery. The applicants have no criminal history and are languishing in jail since 23.9.2018. Co-accused Sonu has been admitted to bail by this Court vide order dated 26.11.2018 in Criminal Misc. Bail Application No. 44877 of 2018. In case, the applicants are admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.
Learned A.G.A. has opposed prayer for bail. However, he 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 applicants - Arvind Yadav and Rajesh Yadav involved in Case Crime No. 523 of 2018, under Sections - 420, 467, 468, 471 I.P.C. and 60(2)(63) of Excise Act and 104 of Trade Mark Act, 1999, Police Station - Kotwali Dehat, District - Etah 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 :- 12.12.2018 Rohit
1 issue framed by the court
Whether the applicant is entitled to be released on bail filing a personal bond and furnishing two sureties each.
3 provisions across 3 enactments
Arvind Yadav
Rajesh Yadav
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
