The Court granted bail to Sani @ Bhola in a criminal case involving offenses under Sections 394, 411 IPC, acknowledging that he was not named in the FIR and was innocently implicated, with police recovery alleged to be planted. The Court allowed bail by bond and sureties.
Release on bail by executing a personal bond and furnishing two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41540 of 2018
Applicant :- Sani @ Bhola Opposite Party :- State Of U.P. Counsel for Applicant :- Niklank Kumar Jain 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. Under the similar circumstances co- accused- Amit Kumar and Pradeep Kumar- have been admitted to bail by this Court, copies whereof have been placed on record by the learned counsel for the applicant, the same is taken on record. The applicant has no criminal history and is languishing in jail since 13.05.2018 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- Sani @ Bhola involved in case crime no.292 of 2018, under Sections 394, 411 IPC, Police Station Kotwali Dehat, district Etah 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 :- 30.10.2018
Raj
2 issues framed by the court
Whether bail should be granted to the applicant who claims he is innocently implicated.
Whether the applicant, not named in the FIR but accused in the police case, is fit for bail.
Sani @ Bhola
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
