This single judge allowed a criminal bail application. The court noted the applicant has been in custody since October 2017 and found reasonable grounds to believe the charge was prima facie satisfied while allowing release on personal bond with sureties.
The applicant Raju was released on bail on his furnishing a personal bond with two sureties.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3641 of 2018
Applicant :- Raju Opposite Party :- State Of U.P. Counsel for Applicant :- Pushpendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed today by the learned counsel for the applicant which is taken on record.
Heard Sri Pushpendra Singh Lodhi, learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant contends that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The first information report has been lodged against unknown persons. It is next contended that the applicant has explained his criminal history. There is no independent public witness to corroborate the prosecution version. Nothing has been recovered from the possession of the applicant.
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 30.10.2017.
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, 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 Raju involved in Case Crime No. 1029 of 2017, under Sections 356, 411 I.P.C. at Police Station Kotwali Nagar, District Bulandshahr 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 :- 12.2.2018 Siddhant Sahu
1 issue framed by the court
Whether the applicant is entitled to be released on bail considering the nature of accusation and severity of punishment.
Raju
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
