The High Court granted bail to the applicant charged with robbery and forgery. The court accepted arguments regarding false implication and granted release on personal bond with sureties.
The applicant was released on bail by furnishing a personal bond with two sureties 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. - 5655 of 2018
Applicant :- Lakhan Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Azhar Hussain Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed by learned A.G.A.is taken on record.
Supplementary affidavit filed today by learned counsel for the applicant is taken on record.
Heard Sri Azhar Hussain, learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record.
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. It is next contended that the FIR was lodged against unknown persons for the loot of tractor which was loaded with mustard grain. The name of the applicant came into light in the confessional statement of co-accused Ram Niwas and Suresh. There is no public witness to corroborate the prosecution version. It is next contended that the history of nine cases has been properly explained in the supplementary affidavit filed by counsel for the applicant.
It is next contended by learned counsel for the applicant that similarly placed co-accused, namely, Suresh and Ram Niwas have already been granted bail by this Court vide order dated 10.8.2017 passed in Criminal Misc. Bail Application No. 20964 of 2017, copy whereof has been annexed at page no. 23 of the affidavit filed in support of bail application and since the case of the applicant stands on identical footing of that coaccused, hence the applicant is also entitled for bail on the ground of parity. It has also been submitted that the applicant is languishing in jail since 2.1.2018 . The applicant has no other criminal history to his credit.
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.
Let the applicant Lakhan Singh involved in Case Crime No. 73 of 2017 under sections 395 and 412 I.P.C., P.S. Khergarh, 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 trial court will be at liberty to cancel the bail.
Order Date :- 16.3.2018 Su
1 issue framed by the court
Whether the applicant is entitled to bail given the allegations of false implication and lack of public witnesses corroboration.
2 provisions across 1 enactments
Lakhan Singh
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
