Court granted bail to Mahak Singh in a cheating and robbery case, noting false implication and lack of recovery of evidence, subject to personal bond and conditions against tampering.
Released on bail with personal bond and two sureties subject to conditions of attendance, non-tampering, and no illegal activities.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1332 of 2018
Applicant :- Mahak Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Jitendra Kumar Shishodia,Jitendra Kumar Shishodia Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed by the learned counsel for the applicant today in the Court is taken on record.
Heard learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been submitted by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive and village party bandi. It is further submitted that the applicant was not named in the first information report. It is further submitted that nothing has been recovered from the possession of the applicant. 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 14.10.2017. It has been pointed out that the applicant has no previous criminal history.
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.
Let the applicant Mahak Singh involved in Case Crime No.308 of 2017, under Sections 394, 411, 427 I.P.C., Police Station Babri, District Shamli 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 :- 16.1.2018
Dev/-
1 issue framed by the court
Whether the applicant, falsely implicated with no prior criminal history and ready to cooperate, is entitled to bail despite severe punishment provisions.
Mahak Singh
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
