Shiva Ji Yadav v. State of U.P.

Court No. - 42

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44122 of 2018

Applicant :- Shiva Ji Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Om Prakash Chaurasia 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. There is no specific allegation against the applicant assigned in the first information report. There is no independent support of witness confirming the participation of the applicant in the incident. The applicant is a teacher and is aged about 60 years of age. In case the applicant is admitted to bail, there is no possibility of absconding and misusing the liberty of bail. Similarly circumstanced co-accused Saras Yadav, Kamlesh Yadav and Akhilesh Yadav have already been admitted to bail by this Court vide order dated 14.08.2018 in Criminal Misc. Bail Application No.18473 of 2018. The applicant is languishing in jail since 30.08.2018.

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. Accordingly, bail application is allowed.