In a criminal bail application, the court granted release to the applicant despite not expressing an opinion on the merits, allowing him to furnish a personal bond with heavy sureties under specified conditions.
The applicant is released on bail by furnishing a personal bond with two heavy sureties each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14772 of 2018
Applicant :- Bheem Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Bhanu Prakash Verma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter and supplementary affidavits have been filed today are taken on record.
Heard Sri B.P.Verma, learned counsel for the applicant and Sri M.S. Yadav, learned A.G.A. appearing for the State.
I have perused the FIR , the bail rejection order of the court below and the medical examination report and the document as has been annexed to the bail application.
It is contended by the learned counsel for the applicant that applicant along with his brothers have been falsely implicated in several cases since, 2015 by one Rakesh Singh, S.I. of U.P.Police (now retired). An FIR was also lodged by the applicant against Rakesh Singh, under sections 420 and 406 of IPC. It is submitted by the learned counsel for the applicant that said Rakesh Singh is having illicit relation with the wife of the applicant and the wife of the applicant had left her four minor children and living with the said retired S.I.Rakesh Singh. It is contended by learned counsel for the applicant that the victim is mother in- law 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 17.2.2018. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. opposed the prayer for bail of the applicant.
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 Bheem Singh involved in Case Crime No.63 of 2017, under Sections 307 and 504 of I.P.C., Police Station Barsana, District Mathura, be released on bail on his furnishing a personal bond with two heavy 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 :- 1.10.2018 PKC
1 issue framed by the court
Whether the applicant is entitled to be released on bail in the criminal charge of attempt to murder and insult?
1 provisions across 1 enactments
Bheem Singh
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
