Single-judge criminal court granted bail to applicant Banti @ Badshah charged under Section 307 IPC, releasing him on personal bond with sureties subject to standard conditions.
Application allowed; applicant released on bail on personal bond with two sureties.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25525 of 2018
Applicant :- Banti @ Badshah Opposite Party :- State Of U.P. Counsel for Applicant :- Akhilendra Yadav,Diwan Saifullah Khan 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.
Counter affidavit filed by the learned A.G.A. today in the Court is also taken on record.
Heard learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant has no concern with the alleged incident and he has been made a escape goat in the present case. It is further submitted that the recovery which has been shown from the applicant is false one. It is further submitted that it is a case of no injury. 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 26.11.2017. It has been pointed out that the applicant has criminal history which has been duly explained in paragraph no.11 of the affidavit accompanying the bail application.
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.
Without expressing any opinion on the merits of the case let the applicant Banti @ Badshah involved in Case Crime No.869 of 2017, under Section 307 I.P.C., Police Station Ramgarh, District Firozabad be released on bail on his furnishing a personal bond with two sureties (of Rs. one lakh) each (one should be of family member) 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 :- 27.9.2018 Dev/-
1 issue framed by the court
Whether the applicant is entitled to bail considering the nature of accusation and severity of punishment.
Banti @ Badshah
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
