Criminal Misc. Bail Application allowed. Court granted bail to applicant involved in cheating case under various IPC sections, emphasizing his innocence claim and lack of incriminating evidence in possession.
Applicant released on bail on execution of personal bond and furnishing two sureties.
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. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38374 of 2018
Applicant :- Praveen Kumar Verma @ Deepak Jain Opposite Party :- State Of U.P. Counsel for Applicant :- Dinesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The applicant is not named in the F.I.R. The applicant has no role to play in the commission of the offence. The case is triable by the Magistrate-I Class. Nothing incriminating has been recovered from possession of the applicant. There is no independent public witness to the fact of recovery. Under the similar circumstance co-accused Shubham Verma and Mohit Verma have already been admitted to bail by this Court vide orders dated 06.08.2018 and 13.07.2018 in Criminal Misc. Bail Application Nos. 29429 of 2018 and 26176 of 2018 The name of the applicant surfaced on the confessional statement of the co-accused. The applicant is languishing in jail since 19.05.2018.
Learned AGA has opposed prayer for bail. However, learned AGA has 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 Praveen Kumar Verma @ Deepak Jain involved in Case Crime No. 86 of 2018, under Sections 420, 406, 411, 120B IPC, Police Station Janakpuri, District Saharanpur 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 :- 17.11.2018/A. Tripathi
3 issues framed by the court
Whether bail should be granted to an applicant who claims innocence and has not been named in the FIR
Whether reasonable apprehension of tampering with witnesses justifies bail in a case triable by a Magistrate of First Class
Whether the fact that co-accused have already been admitted to bail entitles the current applicant to bail
1 provisions across 1 enactments
Praveen Kumar Verma @ Deepak Jain
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
