Criminal Misc. Bail Application allowed. Court granted bail to applicant Ravi @ Vikki @ Viddi due to reasonable apprehension of witness tampering, prima facie case, and similar bail granted to co-accused, without expressing opinion on merits.
Released on bail execut ing personal bond and furnishing two sureties, each in like amount.
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Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19269 of 2018
Applicant :- Ravi @ Vikki @ Viddi Opposite Party :- State Of U.P. Counsel for Applicant :- Vinay Kumar Tripathi Counsel for Opposite Party :- G.A.,Santoshprad Rai
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as Sri Kamal Krishna, learned senior counsel assisted by Sri Santosh Prasad Rai, learned counsel for the informant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is not named in the FIR. He further submits that the applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. After a gap of three days, the applicant was wrongly apprehended by the police in police encounter. The name of the applicant has surfaced in the confessional statement of the coaccused. The police has planted false recovery against the applicant. Nothing incriminating has been recovered from possession of the applicant. Under the similar circumstances co- accused have been admitted to bail by this Court, copies whereof have been produced by learned counsel for the applicant, the same is taken on record. The applicant has no criminal history and is languishing in jail since 7.9.2017 in the present case.
The learned A.G.A. as well as learned counsel for the informant has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in
case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Ravi @ Vikki @ Viddi- involved in case crime no.187 of 2017, under Section 15/16 Petroleum and Mineral Pipe Lines Amendment Act, 2011, under Section 3/4 of the Prevention of Damages to Pubic Property Act, 1984, under Section 3/4 Explosive Substances Act, 1908, under Sections 379, 427 and 411 IPC, Police Station- Highway, district Mathura be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 26.11.2018
Raj
1 issue framed by the court
Whether bail should be granted to an applicant falsely implicated who suffers reasonable apprehension of tampering with witnesses and has a prima facie case.
4 provisions across 4 enactments
Ravi @ Vikki @ Viddi
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
