Criminal Misc. Bail Application under Sections 489B and 489C IPC. The court released the applicant on personal bond with two sureties, each furnishing an equal amount, subject to standard conditions of conduct and verification.
The applicant released on bail on personal bond with two sureties each in like amount.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1349 of 2018
Applicant :- Son @ Sagun Singh Kushwaha Opposite Party :- State Of U.P. Counsel for Applicant :- Krishna Kant Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Krishna Kant Dwivedi, learned counsel for the applicant and Sri Asvani Kr. Yadav, 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. It is further submitted that no case under Section 489-C is made out against the applicant as no counterfeit currency 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 20.11.2017. It has been pointed out that the applicant has no 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 Son @ Sagun Singh Kushwaha involved in Case Crime No.1790 of 2017, under Sections 489B, 489C I.P.C., Police Station G.R.P., District Jhansi 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 :- 11.1.2018
Dev/-
2 issues framed by the court
Whether the applicant is entitled to bail in a case implicating Sections 489B and 489C IPC considering the absence of recovered counterfeit currency.
Whether the power of the court extends to imposing additional conditions on the sureties in the bail order.
Son @ Sagun Singh Kushwaha
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
