The Court granted bail to the applicant Deepu Pal, despite opposing submissions, on the basis of reasonable apprehension of tampering with witnesses and the existence of a prima facie case without adjudicating on the merits of the accusation.
The applicant was ordered to be released on bail upon executing a personal bond and furnishing two sureties.
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Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43065 of 2018
Applicant :- Deepu Pal @ Deep Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Upendra Upadhyay 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 has been specifically denied by the applicant. Offence is triable by the Magistrate First Class. The applicant is languishing in jail since 28.01.2018 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 Pal @ Deep Singhinvolved in case crime no.781 of 2017, under Section 394 IPC, Police Station- Chhibramau,
district- Kannauj 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 applicant should be granted bail in a non-bailable offence under Section 394 IPC.
Deepu Pal @ Deep Singh
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
