This is a bail application filed by Govind Pandey under Sections 379, 411 IPC. The High Court allowed bail on grounds of no incriminating evidence against him and no accusation of tampering with witnesses, releasing him on personal bond and two sureties.
Release on bail on executing a personal bond and furnishing two sureties each.
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Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46410 of 2018
Applicant :- Govind Pandey Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar Dubey 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 said to be absconder and was not caught on the spot. His name has surfaced in the confessional statement of the coaccused Ravi Kashyap. Nothing incriminating has been recovered from possession of the applicant. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant is languishing in jail since 02.08.2018.
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 Govind Pandey involved in Case Crime No.26 of 2018, under Sections 379, 411 I.P.C., Police Station Kyoladiya, District Bareilly 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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2 issues framed by the court
Whether the applicant, a co-accused in a theft and dishonestly receiving case, is eligible for bail.
Whether the applicant can be released on bail with personal bond and sureties.
Govind Pandey
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
