The Court granted bail to the applicant accused under Section 411 IPC, finding prima facie satisfaction of charges satisfied, no impostment of incriminating evidence, and no disputed fact of recovery despite brother's involvement. The applicant was ordered to execute a personal bond with two sureties.
Relevant on bail on personal bond and two sureties.
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Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44861 of 2018
Applicant :- Anand Kumar @ Shyamvir Opposite Party :- State Of U.P. Counsel for Applicant :- Anant Ram Gupta 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. Nothing incriminating has been recovered from the possession of the applicant. Factum of recovery is denied. The applicant has nothing to do with the recovery in question. Merely, because his brother Satyaveer was involved in this case and he was in the employment of the informant, the applicant has been falsely roped in in this case. Offence alleged is triable by the Magistrate Ist Class. The applicant is languishing in jail since 19.9.2018. The applicant undertakes that if he is admitted to bail, he will neither abscond nor misuse the liberty so granted to him.
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 - Anand Kumar @ Shyamvir involved in Case Crime No.696 of 2018, under Section - 411 I.P.C., Police Station Khatauli, District Muzaffar 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 :- 26.11.2018 S Rawat
1 issue framed by the court
Whether the applicant, claiming innocence and lack of incriminating evidence, is entitled to bail.
Anand Kumar @ Shyamvir
State Of U.P.
Arvind Kumar Mishra-I
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
