In a bail application under CrPC against charges of robbery, cheating, and criminal conspiracy, the Court granted bail, noting reasonable apprehension of witness tampering and the reformative theory of punishment.
Released on bail furnished by personal bond with two sureties on conditions against witness tampering and illegal activities.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10612 of 2018
Applicant :- Gulab Pal Opposite Party :- State Of U.P. Counsel for Applicant :- Ajeet Kumar Srivastava,Navin Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed on behalf of applicant, is taken on record.
Heard learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that applicant was not named in the first information report. It is further submitted that nothing has been recovered from the possession of the applicant and a false recovery of Rs. 100/- and a country made pistol has been shown from the possession of the applicant, which is planted. It is further submitted that there is no independent witness of the alleged incident. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 29.01.2018. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment , the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the
applicant Gulab Pal involved in Case Crime No. 1148 of 2017, under Sections 392, 411, 120B I.P.C., Police Station Jalalpur, District Jaunpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.3.2018
Arti
2 issues framed by the court
Whether the applicant, accused under Sections 392, 411, 120B IPC, shall be granted bail.
Whether the false implication of the applicant and lack of independent witnesses warrant bail.
Gulab Pal
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
