The Court granted bail to the applicant in a criminal case under Section 392 IPC, issued a personal bond with sureties, and directed compliance with standard bail conditions.
Grant of bail on furnishing a 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. - 3520 of 2018 Applicant :- Ramesh Kumar Patel Opposite Party :- State Of U.P. Counsel for Applicant :- Shivesh Mishra Counsel for Opposite Party :- GA
Hon'ble Vivek Kumar Singh,J.
Heard Sri Shivesh Mishra, learned counsel for the applicant and 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 due to ulterior motive. It is further submitted that the applicant is neither named in the first information report nor any role has been assigned to him for committing such offence. 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 21.11.2017 . 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 Ramesh Kumar Patel involved in Case Crime No. 563 of 2017, under Section 392 I.P.C., Police Station Izzatnagar, District Bareilly 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 :- 7.2.2018/Su
1 issue framed by the court
whether the applicant is entitled to bail in the present criminal case.
Ramesh Kumar Patel
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
