In Criminal Misc. Bail Application no. 537 of 2018, this single Judge allowed bail to Bauwa @ Vinay in a case under Sections 392 and 411 IPC, finding that he was falsely implicated and willing to cooperate.
Bail granted on personal bond of Rs. 1 lakh with two sureties of Rs. 1 lakh each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 537 of 2018
Applicant :- Bauwa @ Vinay Opposite Party :- State Of U.P. Counsel for Applicant :- Prashant Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Prashant Kumar Singh, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant was not named in the first information report and has been falsely implicated in the present case due to ulterior motive. It is next contended that the recovery of Rs.34,000/- which has been shown from the possession of the applicant is planted one. 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 14.8.2017.
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 Bauwa @ Vinay involved in Case Crime No.111 of 2017, under Sections 392, 411 I.P.C., Police Station Girwan, District Banda be released on bail on his furnishing a personal bond (of Rs. one lakh) with two sureties (one should of family member) 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 trial court will be at liberty to cancel the bail.
Order Date :- 25.1.2018 Dev/-
2 issues framed by the court
Whether the applicant, falsely implicated and languishing in jail, is entitled to bail in a case involving Sections 392 and 411 IPC.
Whether the extraction of Rs. 34,000 from the applicant indicates planted evidence warranting release.
Bauwa @ Vinay
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
