The Court allowed a bail application. Petitioner pleaded a compromise between parties, no dispute currently, and lack of absconding risk. Court granted bail based on reasonable apprehension of witness tampering and prima facie case.
Applicant released on executing a personal bond and furnishing two sureties.
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Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43059 of 2018
Applicant :- Kunwarpal Alias Gabbar Opposite Party :- State Of U.P. Counsel for Applicant :- Jai Singh Yadav 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.
Apart from the factual matrix of this case, at the very outset, it has been pleaded that both the parties have entered into compromise and the compromise has been fairly worked out between the parties. The property in question has been sold back to the Nandram s/o Banshi, copy of the sale deed is Annexure No.5. No disputes exists between the informant and the present applicant. There is no possibility of his absconding. The applicant has no criminal history and is languishing in jail since 7.8.2018 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- Kunwarpal Alias Gabbarinvolved in case crime no.462 of 2018, under Sections 420, 467, 468, 471, 120B, 506 IPC, Police Station- Civil Lines, district- Moradabad 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 :- 14.11.2018
Raj
1 issue framed by the court
Whether bail should be granted to the applicant pending trial.
Kunwarpal Alias Gabbar
Arvind Kumar Mishra
As recorded by the court registry
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