Aakash v. State of U.P.

Court No. - 44

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3508 of 2019

Applicant :- Aakash Opposite Party :- State Of U.P. Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad

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. 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. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. Criminal history of the applicant has been explained under paragraph no.7 of the affidavit filed in support of this bail application. The applicant is languishing in jail since 29.05.2018.

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

Without entering into merit 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.