Mahesh Vs State of U.P.

Court No. - 60

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46674 of 2018

Applicant :- Mahesh Opposite Party :- State Of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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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.

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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. Nothing incriminating has been recovered from the possession of the applicant. There is no public independent witness to the fact of recovery. He has no role to play in the commission of the offence. No offence has been committed by the applicant. There is no credible evidence appearing against the applicant to connect him with the alleged offence. The applicant is languishing in jail since 31.07.2018.

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Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.

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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.

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Let the applicant Mahesh involved in Case Crime No.0467 of 2018, under Sections 411, 413, 414 I.P.C. and 41/102 Cr.P.C., Police Station Gunnaur, District Sambhal 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.

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Order Date :- 6.12.2018

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Mahesh v. State of U.P.

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Mahesh v. State of U.P.

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