Single judge allowed bail application of Deepak Kumar Verma charged under Sections 420, 380, 411 IPC. Court ruled he was entitled to release based on prima facie satisfaction of facts.
Released on bail by executing a personal bond and furnishing two sureties.
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Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43871 of 2018
Applicant :- Deepak Kumar Verma Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar 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 is not named in the first information report. The main offender is coaccused, Ritesh who is stated to have been involved in the commission of the offences whereas the involvement of the applicant was deliberately dragged in by the police on 22.10.2018. Nothing incriminating has been recovered from the possession of the applicant and there is no independent public witness to the fact of alleged recovery. Offence alleged is triable by the Magistrate. The applicant has no criminal history and is languishing in jail since 23.10.2018. 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 - Deepak Kumar Verma involved in Case Crime No. 1174 of 2018, under Sections - 420, 380 and 411 I.P.C., Police Station - Chakeri, District - Kanpur Nagar 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 :- 11.12.2018 Rohit
1 issue framed by the court
Whether the applicant, accused in a cheat-related case, satisfies the requirements for bail under CrPC.
Deepak Kumar Verma
Arvind Kumar Mishra
As recorded by the court registry
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