The single-judge bench allowed a bail application under sections 395, 397, 412, 34 IPC. The court granted bail citing the severity of punishment and prima facie case without expressing an opinion on merits.
Released on filing personal bond and furnishing two sureties each.
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Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41375 of 2018
Applicant :- Rishikesh Yadav @ Koyil Opposite Party :- State Of U.P. Counsel for Applicant :- Kamlesh Kumar Tiwari 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. The name of the applicant surfaced only in the confessional statement of the coaccused Rajan Chaudhary, except that there is no independent witness for testimony of arrest and fact of recovery has not been accepted by the applicant in his affidavit. The applicant has no criminal history and is languishing in jail since 25.02.2018 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- Rishikesh Yadav @ Koyil involved in case crime no.75 of 2018, under Sections 395, 397, 412, 34 IPC, Police Station Shahjanwa, district Gorakhpur, 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
PKC
1 issue framed by the court
Whether bail should be granted to an applicant who claims false implication, lack of independent witnesses for recovery, and reasonable apprehension of witness tampering.
1 provisions across 1 enactments
Rishikesh Yadav @ Koyil
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
