In this bail application, the High Court granted bail to the applicant, Saurabh Singh, involved in a criminal case under Sections 392, 411, and 34 IPC. The court relied on the reformative theory of punishment and the accused's assurance of cooperation.
Released on bail with a personal bond and two sureties under specified conditions.
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Court No. - 23 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4654 of 2018
Applicant :- Saurabh Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Rajendra Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed by the learned counsel for the applicant is taken on record.
Heard Sri Rajendra Kumar Pandey, learned counsel for the applicant and Sri Purushottam Maurya, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant was employed by the first informant and dispute between them with regard to payment of salary is pending on account of which present criminal prosecution of the applicant has been launched at the behest of first informant only to put pressure. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 24.11.2017. It has been pointed out that the applicant has no previous criminal history.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Saurabh Singh involved in Case Crime No.1752 of 2017, under Sections 392, 411, 34 I.P.C., Police Station Indirapuram, District Ghaziabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 7.2.2018
Dev/-
1 issue framed by the court
Whether the applicant is entitled to be released on bail in the present case.
Saurabh Singh
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
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