The single judge held that bail should be granted to the applicant who is not in the FIR but was implicated later, despite the severity of charges, due to lack of evidence and reasonable apprehension of tampering, without expressing an opinion on the case merits.
Released on bail by executing a personal bond and furnishing two sureties each.
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Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42571 of 2018
Applicant :- Rahul Jadaun Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Kumar Gautam 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. Name of the applicant has been surfaced in the confessional statement of the co- accused. Criminal history of the applicant has been satisfactorily explained in the paragraph- 13 of the affidavit filed in support of the bail application. The applicant is languishing in jail since 06.09.2018 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- Rahul Jadaun- involved in case
crime no.610 of 2018, under Sections 392, 411 IPC, Police Station- Achhnera, district Agra 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 :- 12.11.2018
Raj
2 issues framed by the court
Whether bail is maintainable when the applicant is not named in the FIR but surfaced in a confessional statement.
Whether the court should express an opinion on the merits of the case while granting bail.
Rahul Jadaun
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
