The court granted bail to the applicant in a criminal case involving sections 392 and 411 IPC, allowing release on a personal bond with sureties despite the applicant's criminal history, emphasizing the nature of the accusation and evidence.
Release on bail with personal bond and two sureties, subject to verifying identity, status, and residence proof.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5570 of 2018
Applicant :- Ikrar Opposite Party :- State Of U.P. Counsel for Applicant :- Satish Chandra Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Satish Chandra Tiwari, 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 has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant was not named in the first information report, which itself falsify the prosecution story and no incriminating article has been recovered from the possession of the applicant. 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 2.4.2017. It has been pointed out that the applicant has criminal history which has been duly explained in paragraph no.13 of the affidavit accompanying the bail application.
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 Ikrar involved in Case Crime No.682 of 2016, under Sections 392, 411 I.P.C., Police Station Dataganj, District Budaun 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 trial court will be at liberty to cancel the bail.
Order Date :- 15.2.2018
Dev/-
3 issues framed by the court
Whether the applicant is entitled to bail despite criminal history and false implication allegations.
Whether reasonable apprehension of witness tampering exists given the nature of the accusation and evidence.
Whether the reformative theory of punishment supports the release of the applicant on bail in this case.
1 provisions across 1 enactments
Ikrar
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
