Single judge allowed the bail application of Rinku Kushwaha in a case under Sections 392, 411 IPC. The court noted the applicant is not named in the FIR, has no criminal history, and no incriminating items were recovered from him.
Applicant released on bail on executing a personal bond and furnishing two sureties.
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Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43551 of 2018
Applicant :- Rinku Kushwaha Opposite Party :- State Of U.P. Counsel for Applicant :- Hare Krishna Tripathi 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 possession of the applicant. Under the similar circumstances co- accused- Vijay Kumar @ Babloo- has been admitted to bail by this Court on 31.8.2017, copy whereof has been annexed as Annexure No.3 to the affidavit of this bail application. The applicant has no criminal history and is languishing in jail since 7.9.2017 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- Rinku Kushwaha- involved in
case crime no.24 of 2017, under Sections 392, 411 IPC, Police Station Poonch, district Jhansi 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 :- 16.11.2018
Raj
1 issue framed by the court
Whether bail should be granted to the applicant who claims he is not named in the FIR and falsely implicated without any initial recovery against him.
Rinku Kushwaha
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
