The court allowed a bail application by holding the applicant entitled to release without expressing an opinion on the merits of the charge, considering no reasonable apprehension of tampering or absconding.
Bail granted on personal bond and two sureties.
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Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47565 of 2018
Applicant :- Salman@Pappu Nate Opposite Party :- State Of U.P. Counsel for Applicant :- Dinesh Pratap 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. The name of the applicant has surfaced in the confessional statement of the co-accused. Offence alleged is triable by the Magistrate Ist Class. 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 26.04.2017.
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 Salman @ Pappu Nate involved in S.T. No.294 of 2017 arising out of Case Crime No.97 of 2017, under Sections 395, 397, 412, 120B I.P.C., Police Station Chawk, 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 provisions across 1 enactments
Salman @ Pappu Nate
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
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