The High Court allowed a bail application filed by Jagdish Dhobi charged under IPC Sections 419, 420, 467, 468, 471, granting release on personal bond and two sureties without expressing an opinion on merits.
Released on bail on executing a personal bond and furnishing two sureties each.
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Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41816 of 2018
Applicant :- Jagdish Dhobi Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Kumar Singh,Sarvesh Kumar 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. Similarly circumstanced co-accused Ramayan Paswan @ Kalicharan and Yadu Nath Ram have already been admitted to bail by this Court vide orders dated 01.09.2017 and 17.11.2017 in Criminal Misc. Bail Application Nos.32951 of 2017 and 19666 of 2017, respectively. Copies of bail orders have been annexed as annexure nos.3 and 4 to the affidavit filed in support of this bail application. The applicant is languishing in jail since 24.08.2018.
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 Jagdish Dhobi involved in Case Crime No.744 of 2016, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Phephna, District Ballia 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 :- 31.10.2018
rkg
1 issue framed by the court
Whether the applicant entitled to bail on ground of prima facie satisfaction, reasonable apprehension of tampering with witness and severity of punishment.
Jagdish Dhobi
Arvind Kumar Mishra
As recorded by the court registry
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