Ravindra v. State of U.P.
Case brief
What is this about?
Single judge allowed bail application holding that prima facie case exists with reasonable apprehension of tampering with witnesses.
What did the court decide?
Bail granted on executing personal bond and furnishing two sureties in similar amount.
What the court decided
Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42104 of 2018
Applicant :- Ravindra Opposite Party :- State Of U.P. Counsel for Applicant :- Pankaj Satsangi 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 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 factum of recovery has not been supported by any independent public witness. Under the similar circumstance co- accused Nempal has been admitted to bail by this Court on 26.09.2018 in Criminal Miscellaneous Bail Application No.36616 of 2018, copy whereof has been annexed as Annexure No.2 to the application. The applicant is languishing in jail since 19.07.2018 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
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail given the allegations of false implication and lack of independent witnesses for recovery.
Parties & counsel
- applicant
Ravindra
Coram
Arvind Kumar Mishra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/42104/2018
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