A bail application filed by an accused charged with robbery, attempted murder, and theft. The court, noting the lack of independent witnesses and the false implication allegation, treated the case as fit for bail and allowed the release.
Release on bail on executing a personal bond and furnishing 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. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 447 of 2018
Applicant :- Rameshwar Opposite Party :- State Of U.P. Counsel for Applicant :- Kamini Pandey Dubey,Anand Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit has been filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against unknown persons alleging that on 02.07.2016 three unknown persons riding with motorcycle looted the mobile phone of the complainant and shot fire upon him and he has received injury on his right side of the chest; subsequently the applicant was arrested by the Police with the recovery of one mobile phone and the other co-accused persons were fled away; the main role of causing firearm injury upon the injured has been assigned to the coaccused Chote.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; the recovery which has been shown from the possession of the applicant is false and planted; there is no independent witness against the applicant which may show his participation in the alleged crime; except one injury all other injuries of the injured are simple in nature, not dangerous to life; the applicant is not connected with this offence; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 26.08.2017 (more than five months) having no any previous criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no any previous criminal history against this accused.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Rameshwar involved in the Case Crime No. 726 of
2016, under Sections 394, 307, 411 IPC, P.S. Agra, District Agra 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 with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 8.2.2018 A. Tripathi
2 issues framed by the court
How does the court decide whether to grant bail in a case involving offences under Sections 394, 307, 411 IPC?
Whether the applicant satisfies the requirements for bail given the nature of the offence and his custody period?
Rameshwar
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
