Court No.

- 44

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5123

of 2019

Applicant :- Ram Lakhan

Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Singh
Counsel for Opposite Party :- G.A.

Hon'ble Arvind Kumar Mishra-I,J.

Sri Harishankar, learned Advocate has filed his

power on behalf of the complainant, the same is
taken on record.

Learned counsel for the applicant has filed

supplementary affidavit, the same is taken on
record.

Heard learned counsel for the applicant as well as

learned counsel for the complainant and the
learned A.G.A. for the State.

Argument on behalf of the applicant has been

extended to the effect that in this case,
applicant is innocent and has been falsely
implicated in this case. The applicant has no role
to play in the commission of the offence. He adds
that the entire controversy has been solved
between the parties and the disputed amount has
been paid over to the informant. The certified
copy of the compromise deed has been annexed as
Annexure no.SA-1 to the supplementary affidavit.
Offence is triable by Magistrate First Class. In
case, the applicant is admitted to bail, there is
no possibility of absconding or misusing the
liberty of bail. The applicant has no criminal
history and is languishing in jail since 2.12.2018
in the present case.

Learned counsel for the informant has not disputed

the compromise deed. The learned A.G.A. also could
not dispute the aforesaid facts.

Considering the rival submissions and the nature

of accusation and the severity of punishment in
case of conviction and the nature of supporting
evidence, reasonable apprehension of tampering
with the witness and prima facie case, without
expressing any opinion on merit of the case, this
bail application is allowed.

Let the applicant- Ram Lakhan involved in case

crime no.1304 of 2018, under Sections 420, 406,
467, 468 IPC, Police Station New Agra, district
Agra 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 :- 7.2.2019

Raj