Single judge allowed bail application. Applicant charged with theft and criminal breach of trust. Court allowed bail without expressing opinion on merits, considering lack of evidence and reasonable apprehension of tampering.
Bail on personal bond and two sureties each in the like amount.
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Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42819 of 2018
Applicant :- Badshah Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Pathak,Arvind Kumar Tewari 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. There is no credible evidence appearing against the applicant. The main allegations have been made against other co-accused. Mere presence of the applicant on the spot will not fasten criminal liability on him. Offence alleged is triable by the Magistrate Ist Class. The applicant is languishing in jail since 28.09.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. 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 Badshah involved in Case Crime No.331 of 2018, under Sections 380, 457 I.P.C., Police Station Harduaganj, 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 :- 13.11.2018
rkg
1 issue framed by the court
Whether the applicant is entitled to be released on bail given the allegations and lack of credible evidence against him.
1 provisions across 1 enactments
Badshah
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
