Allowed

Gahma @ Gahma Nath v. State of U.P.

Allahabad HC12 Oct 2018BAIL/11252/2018

Case brief

AI extract

What is this about?

In a bail application under various charges including Petroleum and Mineral Pipe Lines Amendment Act and IPC offenses, the High Court released the applicant on bail after considering arguments against false implication and lack of direct evidence against him.

What did the court decide?

Applicant released on bail on furnishing personal bond with two sureties subject to conditions of cooperation, non-tampering, and lawful conduct.

Gahma @ Gahma Nath Vs State of U.P. — Cheque Dishonour | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11252 of 2018

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Applicant :- Gahma @ Gahma Nath Opposite Party :- State Of U.P. Counsel for Applicant :- Vinay Kumar Tripathi Counsel for Opposite Party :- G.A.,Anand Tiwari,S.P. Rai

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Sri V.K.Tripathi, learned counsel for the applicant, Sri S.PRai, learned counsel for the complainant and Sri Sanjay Singh, learned AGA appearing for the State.

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According to the prosecution version the complainant lodged FIR against unknown persont alleging that petroleum pipe line was damaged after making a hole. When it was informed to the police a tanker contianing the petrol was found, but no none was present there.

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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 old enmity and election rivalry and he has committed no offence. It is next contended that the applicant is not named in the FIR. The name of the applicant surfaced in the confessional statement of coaccused. Nothing has been recovered from the possession of the applicant and false recovery has been shown against the applicant. The applicant was not arrested by the police rather he surrendered before the court concerned when he came to know about the present case in which he was bailed out. Thee is no direct or indirect evidence against the applicant to show his complicity in the alleged offence.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 7.9.2017. The applicant has no other reported criminal antecedent.

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Learned counsel for the complainant and learned AGA have vehemently opposed the prayer for bail.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting

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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, and also considering the submissions advanced by learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 , the applicant is entitled to be released on bail.

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Without expressing any opinion on the merits of the case let the applicant Gahma @ Gahma Nath involved in Case Crime No.187 of 2017, under Sections 15/16 Petroleum and Mineral Pipe Lines Amendment Act, Sec. 3/4 of the Prevention of Damages to Public Property Act, 1984 and sec.3/4 Explosive Substance Act & Sec. 379. 427, 411 I.P.C., P.S. Highway, District- Mathura 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:

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(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.

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(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 12.10.2018 IA

Gahma @ Gahma Nath v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gahma @ Gahma Nath v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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