Ravi Shan v. State of U.P.

Court No. - 60

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46409 of 2018

Applicant :- Ravi Shan Opposite Party :- State Of U.P. Counsel for Applicant :- Rakesh Kumar 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 happens to be neighbour of the informant and he has been falsely arrested and false recovery of Rs.6,50,000/- has been planted by the police. Similarly circumstanced coaccused Nazim and Kashim have already been admitted to bail by this Court, copies of whose bail orders have been annexed vide annexure no.9 to the affidavit filed in support of this bail application. The applicant does not bear any criminal history and is languishing in jail since 14.06.2018.

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.