The Hon'ble Court allowed a bail application filed by Vijendra. The informant had no objection after the misunderstanding that gave rise to the criminal case was resolved. The applicant was directed to execute a personal bond with two sureties.
Defendant released on bail on executing a personal bond and furnishing two sureties.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36327 of 2018
Applicant :- Vijendra Opposite Party :- State Of U.P. Counsel for Applicant :- Uma Nath Pandey,Gaurav Kakkar Counsel for Opposite Party :- G.A.,Anmol Kumar Dubey,Ishwar Chandra Tyagi,Raj Kumar Dhama
Hon'ble Arvind Kumar Mishra-I,J.
Heard Sri Gaurav Kakkar, learned counsel for the applicant, Sri Anmol Kumar Dubey, learned counsel for the informant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant has submitted that the outcome of this offence is nothing but misunderstanding on account of institution of the civil suit filed by the applicant against the informant side and informant in retaliation has lodged the first information report against applicant. Now, the misunderstanding has been removed, at this stage.
Learned counsel for the informant, Sri Anmol Kumar Dubey has agreed to the submissions so raised by Sri Gaurav Kakkar, learned counsel for the applicant and has submitted that he has no objection, if the bail is granted to the applicant.
Learned A.G.A. has opposed the prayer for bail.
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 - Vijendra involved in Case Crime No.417 of 2018, under Sections - 420, 406, 323, 506, 467, 468, 471 I.P.C., Police Station - Dadari, District - Gautam Buddh Nagar 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 :- 8.1.2019 S Rawat
1 issue framed by the court
Whether the applicant is entitled to bail given the removal of misunderstanding and lack of objection from the informant.
Vijendra
Arvind Kumar Mishra
As recorded by the court registry
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