Vinay Agrahri Vs State of U.P.

Court No. - 44

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3648 of 2019

Applicant :- Vinay Agrahri Opposite Party :- State Of U.P. Counsel for Applicant :- Kamlesh Kumar Singh 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 AGA 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. He was not present on the spot but was arrested from the near by place by the police. He has no concern with the offence in question. The house in which the arrest is alleged belongs to Sachin Kumar Yadav. Offence alleged is triable by the Magistrate Ist Class. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no previous criminal history and is languishing in jail since 14.7.2018.

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Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.

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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.

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Accordingly, bail application is allowed .

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Let the applicant - Vinay Agrahri involved in Case Crime No. 594 of 2018, under Sections - 419, 420, 467, 468, 471 I.P.C., Police Station - Khorabar, District - Gorakhpur 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 :- 25.1.2019 S Rawat

Vinay Agrahri v. State of U.P.

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Vinay Agrahri v. State of U.P.

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