The court allowed bail to the applicant in a criminal case under sections 363 and 366 IPC. He was to execute a personal bond with two sureties adhering to conditions against tampering with witnesses and illegal activities.
Release of applicant on personal bond with two sureties subject to conditions.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30577 of 2018
Applicant :- Dharamveer Opposite Party :- State Of U.P. Counsel for Applicant :- Apul Misra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Apul Misra, learned counsel for the applicant and Sri Sanjay Singh, 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. Learned counsel for the applicant has next drawn the attention of this Court towards the statement of the victim recorded under Section 164 Cr.P.C. a copy of which has been annexed as annexure-6 to the affidavit accompanying this bail application, wherein it has been stated by the victim that she herself had gone with the applicant out of her own free will. 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 8.6.2018. It has been pointed out that the applicant has no criminal history.
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 Dharamveer involved in Case Crime No.339 of 2018, under Sections 363, 366 I.P.C., Police Station Ujhani, District Budaun 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 trial court will be at liberty to cancel the bail.
Order Date :- 14.8.2018 Dev/-
1 issue framed by the court
Whether the applicant is entitled to be released on bail after furnishing a personal bond with sureties.
Dharamveer
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
