Application for bail filed under sections 413 and 414 IPC allowed on prima facie case and apprehension of witness tampering without merit opinion.
Released on bail with personal bond and two sureties.
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Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39456 of 2018
Applicant :- Shivam @ Shubham Opposite Party :- State Of U.P. Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Learned counsel for the applicant has filed supplementary affidavit, the same is taken on record.
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 innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. The police has slapped false case against the applicant. Nothing incriminating has been recovered from possession of the applicant. Factum of recovery is specifically denied by the applicant. The applicant has no criminal history and is languishing in jail since 26.06.2018 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- Shivam @ Shubham involved in case crime no.0335 of 2018, under Sections 413,
414 IPC, Police Station Amroha Nagar, district Amroha 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 :- 1.11.2018
Raj
1 issue framed by the court
Whether the applicant should be granted bail in a case under Sections 413, 414 IPC on mere denial of guilt?
Shivam @ Shubham
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
