Suraj v. State of U.P.

Court No. - 42

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43880 of 2018

Applicant :- Suraj Opposite Party :- State Of U.P. Counsel for Applicant :- Siya Ram Verma Counsel for Opposite Party :- G.A.

Hon'ble Arvind Kumar Mishra-I,J.

Heard learned counsel for the applicant 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 applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The applicant is not named in the first information report. The applicant had already given Rs.1 lakh to the informant to make jewellery but the informant neither prepared jewellery nor returned money to the applicant as a result of which some altercation took place and the applicant has been roped-in in this case in collusion with the police on the basis of false allegations made by the informant. Criminal history of the applicant has been explained in paragraph no.8 of the affidavit to the application. Similarly circumstanced coaccused- Neeraj has already been admitted to bail by this Court vide order dated 30.10.2018 in Criminal Misc. Bail Application No. 41531 of 2018. He adds that if the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant is languishing in jail since 5.8.2018.

Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. 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.