Court allowed bail to the applicant in a non-bailable offence under Section 379 IPC, directing furnishing of sureties and undertaking not to tamper with witnesses.
The applicant Amresh Chaudhary be released on bail on furnishing a personal bond with two sureties each.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1065 of 2018
Applicant :- Amresh Chaudhary Opposite Party :- State Of U.P. Counsel for Applicant :- Shrawan Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri S.K.Tripathii, learned counsel for the applicant and Sri R.S.Parihar, 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 due to ulterior motive and he has committed no offence. It is next contended that the applicant is not named and the first information report has been lodged against unknown person. There is delay of one day in lodging the report for which no plausible explanation has been given. It is further contended that nothing has been recovered from the possession of the applicant and false recovery has been shown against him. It is pointed out that the applicant has criminal history of 8 cases, but he is on bail in three cases and five remaining cases are pending.This fact is mentioned in paragraph 15, sub-paras (i to iv) of the bail application, which has been properly explained.. 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 15.8.2017.
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 Amresh Chaudhary involved in Case Crime No.438 of 2017, under Section 379 I.P.C., Police Station Purani Basti, District Basti 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 trial court will be at liberty to cancel the bail.
Order Date :- 26.2.2018 IA
1 issue framed by the court
Whether the applicant is entitled to bail pending trial under the CIRP Scheme.
Amresh Chaudhary
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
