Single judge granted bail to applicant Puneet charged under Sections 363, 366 IPC, relying on lack of criminal antecedent, alibi, contradictions in police statements, and reformative theory of punishment, directing personal bond with two heavy sureties.
Applicant released on bail on furnishing personal bond with two heavy sureties subject to specified conditions.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38770 of 2018
Applicant :- Puneet Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ajay Kumar 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. Further submission is that there is contradiction in the statement recorded under section 161 and 164 Cr.PC. 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 25.07.2018. 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 Puneet involved in Case Crime No. 626 of 2018 under Section 363, 366 I.P.C., Police Station Brahmpuri, District Meerut be released on bail on his furnishing a personal bond with two heavy 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 court below shall be at liberty to cancel the bail.
Order Date :- 9.10.2018 SKG
2 issues framed by the court
Whether the applicant is entitled to bail on the grounds of innocence without criminal antecedents and contradicting statements between section 161 and 164 Cr.PC.
Whether the severity of the accusation and fear of witness tampering warrants granting bail under the reformative theory of punishment.
2 provisions across 2 enactments
Puneet
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
