Ashvani Kumar Vs State of U.P.

Court No. - 60

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39844 of 2018

Applicant :- Ashvani Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Vinay Kumar Counsel for Opposite Party :- G.A.,Ambarish Chatterji

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant and the learned A.G.A. for the State.

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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 planted false recovery against the applicant. Nothing incriminating has been recovered from possession of the applicant. The factum of recovery has not been supported by any independent public witness. The applicant has no criminal history and is languishing in jail since 8.8.2018 in the present case.

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The learned A.G.A. has vehemently opposed the prayer.

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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.

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Let the applicant- Ashvani Kumar involved in case crime no.265 of 2018, under Sections 392, 411 and 506 IPC, Police Station- Jasrana, districtFirozabad be released on bail on his executing a

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personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

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Order Date :- 29.11.2018

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Raj

Ashvani Kumar v. State of U.P.

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Ashvani Kumar v. State of U.P.

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