This is a bail application filed by Gaurav, an under-trial prisoner. The court allowed the bail application despite opposition from the State, noting the reformative theory of punishment. Bail was granted with conditions including attendance at trial and non-tampering with witnesses.
Release on bail with a personal bond and two sureties subject to specific conditions.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2828 of 2018
Applicant :- Gaurav Opposite Party :- State Of U.P. Counsel for Applicant :- Mr Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sandeep Kumar Srivastava, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been submitted by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that the dispute between the parties is purely of civil nature which has been dragged into criminal prosecution of the applicant. It is further submitted that the applicant is the only marginal witness of the alleged sale deed. 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 06.12.2017. The applicant has no other reported criminal antecedent.
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 Gaurav involved in Case Crime No. 489 of 2017, under Section 420, 467, 468, 471, 504, 506 I.P.C., Police Station Naugawan Sadat, District J.P. Nagar 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 :- 29.1.2018 Arti Sharma
1 issue framed by the court
Whether the applicant is entitled to bail in a criminal case involving Sections 420, 467, 468, 471, 504, and 506 IPC.
Gaurav
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
