Court allowed bail application. The applicant was not named in the FIR, denied involvement, and claimed false recovery. The court found a reasonable apprehension of tampering with witnesses and a prima facie case, leading to bail.
Released on bail by executing a personal bond and furnishing two sureties.
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Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43062 of 2018
Applicant :- Deepu @ Deepak Opposite Party :- State Of U.P. Counsel for Applicant :- Pushpendra Singh,Abhitosh Mishra
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 the possession of the applicant. The factum of recovery is specifically denied by the applicant. Offence is triable by the Magistrate First Class. Criminal history of the applicant has been satisfactorily explained by the learned counsel for the applicant in paragraph no.14 of the affidavit filed in support of this bail application. The applicant is languishing in jail since 12.07.2018 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- Deepu @ Deepak- involved in case crime no.266 of 2018, under Sections 392, 411 IPC, Police Station- Sikandrabad, districtBulandshahr 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 the bail application should be allowed given the applicant's denial of involvement, lack of incriminating evidence recovered from his possession, and reasonable apprehension of tampering with
Deepu @ Deepak
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
