Saarik Vs State of U.P.

Court No. - 44

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3899 of 2019

Applicant :- Saarik Opposite Party :- State Of U.P. Counsel for Applicant :- Abhitosh Mishra,Pushpendra 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 has no role to play in the commission of the offence. No offence has been committed by the applicant. No specific role has been assigned to the applicant. 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 27.11.2018.

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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 - Saarik involved in Case Crime No. 1403 of 2018, under Sections - 147, 148, 149, 332, 353, 342, 307, 504, 506, 336, 427 I.P.C. and 7 Criminal Law Amendment Act, Police Station - Sikandrabad, District - Bulandshahr 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 :- 29.1.2019 S Rawat

Saarik v. State of U.P.

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Saarik v. State of U.P.

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