The single judge allowed a bail application filed by Dharmendra @ Anchi, holding that a prima facie case and apprehension of witness tampering existed without deciding the merits of the accusation.
The applicant was released on bail by executing a personal bond and furnishing two sureties each.
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. - 39620 of 2018
Applicant :- Dharmendra @ Anchi Opposite Party :- State Of U.P. Counsel for Applicant :- Shashank Singh,Mahendra Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
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 not named in the FIR. He further submits that the 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 planted false recovery against the applicant. Nothing incriminating has been recovered from possession of the applicant. Factum of recovery is specifically denied by the applicant. There is no independent public witness to the fact of recovery The applicant has no criminal history and is languishing in jail since 24.08.2018 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- Dharmendra @ Anchi involved in case crime no.1331 of 2018, under Sections 392,
411 IPC, Police Station Vrindawan, district Mathura 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
2 issues framed by the court
Whether bail should be granted to the applicant named in the case under Sections 392 and 411 IPC.
Whether reasonable apprehension of tampering with witnesses and existence of a prima facie case exist.
Dharmendra @ Anchi
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
