Criminal Misc. Bail Application allowed. Court released applicant on personal bond and two sureties for offences under IPC Sections 420, 467, 468, 471. No opinion expressed on merits as cross-accused already granted bail.
Released on bail on personal bond and two sureties with conditions against tampering with evidence and intimidating witnesses.
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Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43048 of 2018
Applicant :- Ajay Singh @ Bhuprakash Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Supplementary affidavit filed today, is taken on record.
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. The main allegations have been made against another coaccused Ajay Singh @ Bhuprakash from whose possession substantial recovery has been effectauted. Offence alleged is triable by the Magistrate Ist Class. Under the similar circumstance co-accused Nand Kishore has already been admitted to bail by this Court vide order dated 02.11.2018 in Criminal Misc. Bail Application No. 42497 of 2018. The criminal history against the applicant has been explained by filing a supplementary affidavit. The applicant 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 Ajay Singh @ Bhuprakash involved in Case Crime No.560 of 2018, under Sections 420, 467, 468, 471 I.P.C., Police Station Banna Devi, 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 with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 16.11.2018 A. Tripathi
2 issues framed by the court
Whether the applicant is entitled to release on bail considering he is innocent and no incriminating article was recovered from his possession.
Whether co-accused Nand Kishore's bail earlier affects the present applicant's bail eligibility.
1 provisions across 1 enactments
Ajay Singh @ Bhuprakash
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
