Judgment on bail application in a theft and robbery case. The Court granted bail considering reasonable apprehension of witness tampering despite prima facie satisfaction of the charge and severity of punishment.
Applicant released on bail on personal bond with two sureties subject to specific conditions including attendance and non-tampering.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2959 of 2018
Applicant :- Shahrukh Opposite Party :- State Of U.P. Counsel for Applicant :- Brahma Nand Pandey,Shailendra Pratap Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that applicant was not named in the first information report. It is further submitted that recovery of one golden chain, one golden ring, one golden bangle and case of Rs. 7,000/- has been made from the possession of the applicant but there is no any independent witness of the alleged recovery. 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 19.11.2017. 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 Shahrukh involved in Case Crime No. 1105 of 2017, under Section 395, 412 I.P.C., Police Station Kotwali, District Mathura 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 :- 30.1.2018 Arti Sharma
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving recovery of stolen property under Sections 395, 412 IPC.
1 provisions across 1 enactments
Shahrukh
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
