The Hon'ble Court granted bail to the applicant in a criminal case involving Sections 392 and 411 IPC. The court was satisfied that the applicant was entitled to release on bail based on the reformative theory of punishment despite the gravity of the accusations.
Release of the applicant on bail on personal bond with two sureties each in the like amount.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5348 of 2018
Applicant :- Jagveer Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Anand Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri A.K.Tiwari, learned counsel for the applicant and Sri Purshottam Maurya, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and he has committed no offence.It is next contended that false recovery of mobile phone has been shown against the applicant. There is no independent and public witness of the alleged recovery. It is also submitted that the applicant has been enlarged on bail by this Court on 13.2.2018 in Crl.Misc. Bail Application No.5296 of 2018. 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 8.11.2017.
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 Jagveer Singh involved in Case Crime No.1231 of 2017, under Sections 392, 411 I.P.C,. Police Station Sikandra, District Agra 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 court below shall be at liberty to cancel the bail.
Order Date :- 13.2.2018 IA
2 issues framed by the court
Whether the applicant is entitled to be released on bail despite the nature of the accusation and severity of punishment.
Whether the alleged false recovery of mobile phone and lack of independent witnesses warrant bail.
1 provisions across 1 enactments
Jagveer Singh
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
