This bail application was allowed despite the applicant's plea of innocence and allegation of planted recovery. The court granted bail without expressing an opinion on the merits of the case.
Release on bail by executing personal bond and furnishing two sureties.
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Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41281 of 2018
Applicant :- Kabir Urf Satish Opposite Party :- State Of U.P. Counsel for Applicant :- Irshad Ahmad 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 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 the 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 31.07.2018 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- Kabir Urf Satish- involved in case crime no.467 of 2018, under Sections 411, 413, 414 IPC and 41/102 Cr.P.C., Police Station Gunnaur, district Sambhal 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 :- 30.11.2018
Raj
1 issue framed by the court
Whether bail should be granted to the applicant during the pendency of the criminal trial.
2 provisions across 2 enactments
Kabir Urf Satish
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
