The High Court allowed bail application of an applicant falsely implicated in theft and dishonestly receiving case. The court ruled he is entitled to bail due to innocence, lack of incriminating evidence, no criminal history, and no flight risk, despite not expressing merit opinion.
Applicant Tauhid released on bail on personal bond and two sureties in like amount.
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Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46388 of 2018
Applicant :- Tauhid Opposite Party :- State Of U.P. Counsel for Applicant :- Joveen 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. Nothing incriminating has been recovered from the possession of the applicant. Factum of recovery is denied. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and is languishing in jail since 22.10.2018.
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 Tauhid involved in Case Crime No.495 of 2018, under Sections 379, 411 I.P.C., Police Station Didauli, District Amroha 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 :- 5.12.2018
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3 issues framed by the court
Whether the applicant is entitled to bail considering his accosity as false implication and lack of criminal history.
Whether there is a reasonable apprehension of tampering with witnesses or threat to the complainant justifying release.
Whether the prima facie satisfaction of the court regarding the charge supports the charge.
Tauhid
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
