The Hon'ble Court allowed bail to the applicant, Indrajeet Ojha, accused under Section 392 IPC, without expressing an opinion on the merits, noting reasonable apprehension and prima facie case.
Applicant released on bail by executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37956 of 2018
Applicant :- Indrajeet Ojha @ Chhotu Opposite Party :- State Of U.P. Counsel for Applicant :- Satyaveer Singh,Sunil Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is not named in the FIR. He further submits that the applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. The name of the applicant has surfaced in the confessional statement of the coaccused. The police has planted false recovery against the applicant. Nothing incriminating has been recovered from possession of the applicant. The factum of recovery is specifically denied by the applicant. The criminal history of the applicant has been satisfactorily explained by the learned counsel for the applicant. The applicant is languishing in jail since 17.8.2017 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and 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 witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Indrajeet Ojha @ Chhotu involved in case crime no.132 of 2016, under Section 392 IPC, Police Station- Khaga, districtFatehpur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 29.11.2018
Raj
Indrajeet Ojha @ Chhotu
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
