Court granted bail to Abdul Karim @Kale in a criminal case under Sections 392 and 411 IPC, releasing him on personal bond with two sureties subject to standard bail conditions.
Release of applicant on personal bond with two sureties each in like amount subject to standard bail conditions.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2512 of 2018
Applicant :- Abdul Karim @Kale Opposite Party :- State Of U.P. Counsel for Applicant :- Mr Vinod Kumar Tirpathi,Mr Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant was not named in the first information report. It is further submitted that applicant is innocent and he has been falsely implicated in the present case due to enmity. It is further submitted that there is no independent witness of the alleged incident. Nothing incriminating article was recovered from the possession of the applicant and a false recovery has been planted against him. 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 18.11.2017. It is further submitted that the criminal history of the applicant has been properly explained in para 4 of the supplementary affidavit.
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 the applicant is entitled to be released on bail in this case.
Let the applicant Abdul Karim @ Kale involved in Case Crime No. 240 of 2017, under Section 392, 411 I.P.C., Police Station Mandawali, District Bijnor 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 court below shall be at liberty to cancel the bail.
Order Date :- 24.1.2018 Arti Sharma
1 issue framed by the court
Whether the applicant is eligible for release on bail given the false implications and lack of independent witnesses in the case.
Abdul Karim @Kale
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
