The court allowed bail to the applicant, who alleged false implication, by a prima facie order without adjudicating merits, directing release with personal bond and two sureties.
Release on bail with personal bond and two sureties in equal amount to the satisfaction of the concerned court.
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Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43278 of 2018
Applicant :- Raj Kumar Patel Opposite Party :- State Of U.P. Counsel for Applicant :- Rajiv Chowdhury Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Learned counsel for the applicant has filed supplementary affidavit, the same is taken on record.
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 innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. He further adds that arrest has been effected only on the basis of tip off information. However, nothing incriminating has been recovered from the possession of the applicant. He further submits that the factum of recovery has not been supported by any independent public witness. Criminal history of the applicant has been satisfactorily by the applicant. The applicant is languishing in jail since 13.8.2018 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- Raj Kumar Patel- involved in case crime no.827 of 2018, under Sections 41, 411, 413, 414, 420, 467, 468, 471 IPC, Police StationCantt., district- Varanasi 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
Raj
1 issue framed by the court
Whether bail should be granted to the applicant pending investigation in view of the prima facie case and apprehension of tampering with witnesses.
1 provisions across 1 enactments
Raj Kumar Patel
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
