The Court allowed a bail application by Rahul Chaudhary in a case involving sections 380, 411, etc. IPC. The Court observed prima facie satisfaction of the charge was insufficient and granted bail after furnishing a personal bond and sureties.
Applicant released on bail upon executing a personal bond and furnishing two sureties.
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Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44379 of 2018
Applicant :- Rahul Chaudhary Opposite Party :- State Of U.P. Counsel for Applicant :- Rudra Kant Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant is 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 police in fact has falsely roped-in in the applicant in order to save the real culprit, who had been named in the first information report. Police after arresting the applicant has slapped false cases against him. Offence alleged is triable by the Magistrate Ist Class. The applicant is languishing in jail since 15.8.2018. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.
Learned AGA 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 - Rahul Chaudhary involved in Case Crime No. 65 of 2018, under Sections - 380, 411, 419, 420, 467, 468, 471 I.P.C., Police Station - Pannuganj, District - Sonebhadra 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 :- 13.12.2018 S Rawat
2 issues framed by the court
Whether the applicant, falsely implicated in a triable by Magistrate Ist Class case, is entitled to bail.
Whether the applicant has reasonable apprehension of absconding or tampering with witnesses.
Rahul Chaudhary
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
