Single judge court allowed bail to Balram in a обвинение under sections 392, 411 IPC. Applicant pleaded false implication by police. Court found no need to opine on merits but granted bail due to lack of strong evidence, despite reasonable apprehension of tampering.
Applicant released on personal bond and two sureties.
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Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41284 of 2018 Applicant :- Balram Opposite Party :- State Of U.P. Counsel for Applicant :- Pankaj Sharma 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.
By counting various reasons, applicant has claimed his implication false and has stated that the police official/police station was very much interested in turning the applicant into an informer, which was refused. Therefore, the concerned police officer first falsely implicated the applicant in one case, thereafter, the applicant left Mathura for sometime, then came back. Then, he was again with the help of another informerAnshul Sharma has been wrongly roped in this case. Nothing incriminating infact has been recovered from the possession of the applicant. The applicant has no criminal history and is languishing in jail since 24.8.2018.
Learned AGA has opposed prayer for bail. However, learned AGA 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 Balram involved in Case Crime No.1331 of 2018, under Sections 392, 411 I.P.C., Police Station Vrindavan, 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 :- 29.10.2018 S Rawat
1 issue framed by the court
Whether the applicant is entitled to bail in a case under Sections 392, 411 I.P.C. given claims of false implication and lack of incriminating evidence.
Balram
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
