The Single Judge allowed the bail application of Kuldeep Singh Bhadauriya accused under Sections 420, 467, 468, 411, and 471 IPC. The Court granted bail considering the nature of accusation and prima facie satisfaction without expressing an opinion on merits.
Release of applicant on bail on executing a personal bond with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43919 of 2018
Applicant :- Kuldeep Singh Bhadauriya Opposite Party :- State Of U.P. Counsel for Applicant :- Jitendra Kumar Mishra 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. Nothing incriminating in fact has been recovered from the possession of the applicant. There is no independent public witness to the fact of recovery. Offence alleged is triable by the Magistrate Ist Class. He adds that if the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 13.10.2018.
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 Kuldeep Singh Bhadauriya involved in Case Crime No. 618 of 2018, under Sections-420, 467, 468, 411, 471 I.P.C., Police Station Mohammadabad, District Farrukhabad 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 :- 17.11.2018
S Rawat
1 issue framed by the court
Whether the applicant is entitled to release on bail given prima facie satisfaction of the Court and reasonable apprehension of tampering with witnesses.
Kuldeep Singh Bhadauriya
State Of U.P.
Arvind Kumar Mishra-I,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
