Criminal Miscellaneous Bail Application allowed granting release on bail to the applicant accused under Sections 394, 411 IPC subject to execution of personal bond and furnishing two sureties along with five standard conditions.
Release on bail by executing a personal bond and furnishing two sureties subject to specific conditions.
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Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41556 of 2018
Applicant :- Sudhir Opposite Party :- State Of U.P. Counsel for Applicant :- Bhaskar Bhadra 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 circumstance co- accused Nanhey Singh has been admitted to bail by this Court on 25.10.2018 in Criminal Miscellaneous Case No.40409 of 2018, copy whereof has been produced by learned counsel for the applicant, the same is taken on record. Criminal history of the applicant has been satisfactorily in paragraph no.8 of the affidavit to this application. The is languishing in jail since 6.9.2018 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- Sudhir involved in case crime no.127 of 2018, under Sections 394, 411 IPC, Police Station Sirauli, district Bareilly 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 subject to following conditions:
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.10.2018
Raj
2 issues framed by the court
Whether bail should be granted to the applicant alleged to be involved in offences under Sections 394, 411 IPC.
Whether the conditions of bail are sufficient to prevent tampering with evidence and intimidation of witnesses.
Sudhir
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
