In a bail application, the court allowed the applicant's prayer without expressing an opinion on the merits of the case. The applicant was released on bail by furnishing a personal bond with two sureties under specified conditions.
Release on bail by furnishing a personal bond with two sureties in like amount with specified conditions.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5745 of 2018
Applicant :- Satya Narain Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Arvind Agrawal, learned counsel for the applicant and Sri Purushottam 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. It is further submitted that so far as the criminal history of the applicant is concerned which has been shown in the rejection order it is categorically stated that as it previously explained the Case Crime No. 1095 of 2009, under sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act which is matrimonial dispute and due to this reason the real father-in-law of the applicant moved a complaint before the member of Parliament Prof. Ram Gopal Yadav and hence the instant criminal proceeding is initiated against the applicant without any reason and without any evidence on record. However the applicant has been enlarged on bail in the aforesaid case. 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 03.01.2018. It is further submitted that the criminal history of the applicant has been properly explained in para 23 and 24 of the affidavit filed in support of 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 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 Satya Narain involved in Case Crime No. 429 of 2014, under Section 419, 420 I.P.C., Police Station Jasrana, District Firozadad 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 :- 16.2.2018 Arti Sharma
2 issues framed by the court
Whether the applicant is entitled to bail.
What conditions should be imposed on the release on bail.
Satya Narain
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
