This judgment disposed of a criminal bail application filed by Maiksal accused under Sections 302 and 201 IPC. The Single Judge allowed bail, noting the absence of testimony other than an extra-judicial confession, lack of criminal history, and reasonable apprehension of witness tampering.
Bail allowed on personal bond and furnishing two sureties each.
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Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38058 of 2018
Applicant :- Maiksal Opposite Party :- State Of U.P. Counsel for Applicant :- Virendra Singh,Subhash Chandra Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Sri Mohit Singh, Advocate has filed memo of appearance on behalf of the informant which is taken on record.
Heard learned counsel for the applicant, learned AGA for the State of U.P as well as learned counsel for the informant and perused the material available on record.
Only point raised on behalf of the applicant pertains to fact that except extra-judicial confession, no other testimony is available linking the applicant with the commission of the crime. The applicant does not bear any criminal history and is languishing in jail since 10.04.2018.
Learned AGA and learned counsel for the informant have opposed prayer for bail, however, they have not disputed the aforesaid facts.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Maiksal involved in Case Crime No.190 of 2018, under Sections 302, 201 I.P.C., Police Station Hayat Nagar, District Sambhal 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 :- 9.10.2018
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3 issues framed by the court
Whether the applicant is entitled to bail given the lack of testimony beyond extra-judicial confession and the severity of punishment.
Whether there is reasonable apprehension of tampering with witnesses or threat to the complainant justifying bail.
Whether the court is prima facie satisfied regarding the charge of commission of the crime.
2 provisions across 1 enactments
Maiksal
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
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