Criminal Misc. Bail Application allowed. Applicant Panna Lal, charged with offences under IPC 308, 323, 324, 504, granted bail on personal bond and two sureties without expressing opinion on merits.
Released on bail by executing a personal bond and furnishing two sureties to the satisfaction of the court concerned.
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Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43479 of 2018
Applicant :- Panna Lal Opposite Party :- State Of U.P. Counsel for Applicant :- Umesh Kumar,Bhawesh Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
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. The applicant has been falsely implicated in this case. Actually some minor/trivial altercation developed between the children and the ladies wherein hot talk took place and both the side sustained injury. Injuries have also been caused on the applicant side as well as on the informant side and NCR regarding the same incident has been lodged by the applicants side. The applicant has no criminal history and is languishing in jail since 25.08.2018. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.
Learned A.G.A. has opposed prayer for bail. However, he 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 - Panna Lal involved in Case Crime No. 301 of 2018, under Sections -308, 323, 324, 504 I.P.C., Police Station - Chunar, District - Mirzapur 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 :- 12.12.2018 Rohit
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of innocence and lack of criminal history.
Panna Lal
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
