The Court allowed the bail application of Sajid, accused in an IPC case involving theft and cheating. Relying on co-accused grants and apprehension of tampering, the Court released him on a personal bond and two sureties without expressing an opinion on merits.
Applicant released on bail on executing a personal bond and furnishing two sureties of like amount.
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Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43624 of 2018
Applicant :- Sajid Opposite Party :- State Of U.P. Counsel for Applicant :- Chandra Bhan Dubey,Surya Bhan Dubey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
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. Co-accused Firoz @ Raju and Juvin Singh have already been admitted to bail by this Court vide orders dated 01.11.2018 and 13.11.2018 in Criminal Misc. Bail Application Nos.42191 of 2018 and 42830 of 2018, respectively. Criminal history of the applicant has been explained under paragraph no.3 of affidavit filed in support of supplementary affidavit. The applicant is languishing in jail since 07.09.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. 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 Sajid involved in Case Crime No.382 of 2018, under Sections 379, 411, 420, 467, 468 I.P.C., Police Station Prem Nagar, District Bareilly, 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 :- 28.11.2018
rkg
2 issues framed by the court
Whether the applicant is entitled to bail on grounds of innocence, co-accused admission, and apprehension of tampering with witnesses.
Whether bail can be granted without expressing opinion on merits considering prima facie satisfaction and severity of punishment.
Sajid
Arvind Kumar Mishra-I,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
