Criminal Bail Application under Sections 147, 148, 353, 504, 506 IPC and relevant Railways Act sections. Court considered false implications and jail custody. Application allowed with bond and sureties.
Applicant released on bail by furnishing personal bond with two sureties of 50,000/- each.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28335 of 2018
Applicant :- Arun Kushwaha Opposite Party :- State Of U.P. Counsel for Applicant :- Akash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Akash Mishra, learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that the first information report was lodged against four named and three unknown persons including the applicant by S.H.O. on 20.5.2018. He next submitted that the applicant has not committed any offence but the police only to increase the gravity of offence implicated the applicant in the present case. He lastly submitted that the applicant has no criminal history. 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 21.5.2018.
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 tampering with the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this
case.
Let the applicant Arun Kushwaha involved in Case Crime No. 88 of 2018, under Sections 147, 148, 353, 504, 506 I.P.C. and section 141, 145, 152 Railways Act, P.S. G.R.P., DistrictEtawah be released on bail on his furnishing a personal bond with two sureties of 50,000/- (one should be of his family member) 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 :- 3.8.2018 Faridul
2 issues framed by the court
Whether the applicant is entitled to release on bail given the nature of accusation and severity of punishment.
Whether there is reasonable apprehension of tampering with witnesses justifying bail denial.
2 provisions across 2 enactments
Arun Kushwaha
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
