The court allowed a bail application for an applicant charged with offences under the IPC and the Mining Act, noting the absence of incriminating evidence on his person and reliance on bail orders for co-accused, allowing bail subject to bond and sureties.
Released on bail on execution of personal bond and furnishing two sureties each.
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Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47871 of 2018
Applicant :- Virendra Rana @ Vinnu Rana Opposite Party :- State Of U.P. Counsel for Applicant :- Ruksana Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. The name of the applicant has surfaced in the confessional statement of the co- accused. Nothing incriminating has been recovered from the possession of the applicant. Under the similar circumstances co- accused have already been admitted to bail by this Court, copies whereof have been produced by the learned counsel for the applicant, the same is taken on record. The applicant has no criminal history and is languishing in jail since 01.11.2018 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Virendra Rana @ Vinnu Rana
involved in case crime no.188 of 2018, under Sections 420, 467, 468, 471 IPC and 4/21 Mining and Minerals (Regulation and Development) Act, 1957, Police Station Kabrai, district Mahoba 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 :- 18.12.2018
Raj
1 issue framed by the court
Whether bail should be granted to the applicant charged under various IPC sections and mining regulations.
2 provisions across 2 enactments
Virendra Rana @ Vinnu Rana
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
