Single judge allowed bail to the applicant in a criminal case involving offences under Sections 394 and 411 IPC. The court granted bail based on innocence, lack of incriminating evidence, non-resident status, and absence of criminal history without expressing an opinion on merits.
Released on bail by executing personal bond and furnishing two sureties.
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Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43043 of 2018
Applicant :- Shatrughan Kushwaha Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Kushwaha,Geeta Kushwaha 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 possession of the applicant. There is no independent public witness to the fact of recovery. Offence alleged is triable by the Magistrate Ist Class. The applicant does not bear any criminal history and is languishing in jail since 24.09.2018.
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 Shatrughan Kushwaha involved in Case Crime No.101 of 2018, under Sections 394, 411 I.P.C., Police Station Mahobkanth, District Mahoba 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 :- 15.11.2018
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2 issues framed by the court
Whether the applicant is entitled to bail in a case involving offences under Sections 394 and 411 of the Penal Code.
Whether there is a reasonable apprehension of tampering with witnesses necessitating bail.
1 provisions across 1 enactments
Shatrughan Kushwaha
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
