The court allowed the bail application of Sarvendra Yadav, accused under Sections 392 and 411 IPC, noting lack of independent public witnesses and recovery evidence against him.
Released on bail with a personal bond and two sureties in the like amount to the satisfaction of the court.
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Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44134 of 2018
Applicant :- Sarvendra Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Krishna Dutt Awasthi 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 independent public witness to the fact of recovery. Nothing incriminating has been recovered from possession of the applicant. Factum of recovery is denied. Offence alleged is triable by the Magistrate Ist Class. The applicant is languishing in jail since 03.08.2018.
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.
Let the applicant Sarvendra Yadav involved in Case Crime No.18 of 2018, under Sections 392, 411 I.P.C., Police Station Bidhuna, District Auraiya 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 :- 19.11.2018
rkg
1 issue framed by the court
Whether the applicant is entitled to bail considering the nature of the accusation and prima facie satisfaction of the court.
Sarvendra Yadav
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
