This bail application was heard by the Hon'ble Arvind Kumar Mishra-I,J. The court allowed the applicant's bail plea by invoking a special stage after considering the facts, circumstances, nature of accusation, and prima facie satisfaction of the charge.
Bail to the applicant on executing a personal bond and furnishing two sureties each.
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Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40953 of 2018
Applicant :- Iqubal Opposite Party :- State Of U.P. Counsel for Applicant :- Shanti Dhar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
While describing various aspects of this case it has been submitted that there was some money lent by the applicant to the informant side and on demand of money for the same, a false and concocted story has been set up and the injury report has been manipulated and obtained by the informant in order to emphasize the gravity of the offence, whereas, the factum of the injury being caused is absolutely baseless. The applicant has no criminal history and is languishing in jail since 24.07.2018. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.
Learned A.G.A. has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed .
Let the applicant - Iqubal involved in Case Crime No. 685 of 2018, under Sections - 324 and 382 I.P.C., Police Station - Hapur Kotwali, District - Hapur 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 :- 13.12.2018
Rohit
3 issues framed by the court
Whether the applicant is entitled to be released on bail given the surrounding circumstances and nature of the accusation.
Whether there is reasonable apprehension of tampering with witnesses or threats to the complainant necessitating bail.
Whether the applicant satisfies the conditions for release on bail in a charge under Sections 324 and 382 IPC.
1 provisions across 1 enactments
Iqubal
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
