Single judge allowed bail to the applicant facing charges of cheating, forgery, and criminal breach of trust under IPC. Court observed no recovery from applicant, no independent witness, and no criminal history.
Applicant released on bail by executing a personal bond and furnishing two sureties.
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Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41648 of 2018
Applicant :- Satendra @ Anil Opposite Party :- State Of U.P. Counsel for Applicant :- Ravi Prakash Singh 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.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the possession of the applicant and there is no independent public witness to the fact of alleged recovery. Offence alleged is triable by the Magistrate Ist Class. The applicant has no criminal history and is languishing in jail since 06.9.2018. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.
Learned A.G.A. has opposed prayer for bail. However, he 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 - Satendra @ Anil involved in Case Crime No. 560 of 2018, under Sections - 420, 467, 468, 471 I.P.C., Police Station - Bannadevi, District - Aligarh 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 :- 11.12.2018 Rohit
2 issues framed by the court
Whether bail should be granted to the applicant who claims innocence and has no criminal history.
Whether there is reasonable apprehension of tampering with witnesses in the present case.
1 provisions across 1 enactments
Satendra @ Anil
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
