Single judge allowed bail to the applicant accused under Sections 380 and 411 IPC, holding him entitled to release without expressing an opinion on the merits of the case.
Applicant released on bail on executing a personal bond and furnishing two sureties.
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Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47564 of 2018
Applicant :- Krishna@Kishan Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Shailendra 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 implication of the applicant in this case is false and based on hypothesis of he being thief merely because of his presence inside the shop. However, no one saw any mischievous gesture on his part which may connect with him for theft of mobile phone or any money. The applicant does not bear any criminal history and is languishing in jail since 05.11.2018.
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 Krishna @ Kishan Singh involved in Case Crime No.283 of 2018, under Sections 380, 411 I.P.C., Police Station Lohta, District Varanasi 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 :- 12.12.2018
rkg
1 issue framed by the court
Whether the applicant is entitled to bail given the allegations of false implication and lack of criminal history.
Krishna @ Kishan Singh
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
