In a bail application, the court observed that the applicant was falsely implicated with no incriminating evidence recovered from him. Despite opposing arguments, the court found prima facie satisfaction regarding the charge and allowed bail.
The applicant is released on bail upon executing a personal bond and furnishing two sureties in the same amount.
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Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46760 of 2018
Applicant :- Banti Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Kamal Kumar Singh 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. There is no public witness to the fact of recovery. Factum of recovery is denied. 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 Banti Singh involved in Case Crime No.403 of 2018, under Sections 379, 411, 413, 414, 419, 420, 467, 468 I.P.C., Police Station Ghosi, District Mau 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 :- 6.12.2018
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2 issues framed by the court
Whether the applicant is entitled to bail being falsely implicated and lacking incriminating evidence against him.
Whether there is a reasonable apprehension of the applicant tampering with witnesses or the complainant.
Banti Singh
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
