The court granted bail to Vishal Khare in a criminal case under Sections 356, 392, and 411 I.P.C., citing insincerity of charges, lack of recovery, and willingness to cooperate, subject to standard conditions.
The applicant was released on bail on a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 395 of 2018
Applicant :- Vishal Khare Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ajay Srivastava, learned counsel for the applicant and Sri Ashwani Yadav, 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. It is further submitted that applicant was not named in the first information report. It is further submitted that nothing has been recovered from the possession of the applicant and a false recovery of one piece of chain of yellow metal and Rs. 1200/- has been shown from the possession of the applicant, which is planted. 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 07.08.2017. It is further submitted that the criminal history of the applicant has been properly explained in para 4 of the rejoinder affidavit.
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 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 Vishal Khare involved in Case Crime No. 252 of 2017, under Sections 356, 392, 411 I.P.C., Police Station Kotwali, District Jhansi be released on bail on his furnishing a personal bond with two 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 :- 22.3.2018 Arti
2 issues framed by the court
Whether bail should be granted to the accused under Sections 356, 392, 411 I.P.C. despite allegations of false implication.
Whether the reasonable apprehension of tampering with witnesses justifies denial of bail.
Vishal Khare
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
