In this bail application, the court released the applicant on personal bond with sureties, noting the severity of charges and risk of witness tampering despite the applicant's claim of false implication.
Released on bail on furnishing a personal bond with two sureties each in like amount.
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. - 5934 of 2018
Applicant :- Harveer Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Narendra Singh Chahar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Narendra Singh Chahar, 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 there are numbers of civil cases pending between the parties and in retaliation to the cases present F.I.R. has been lodged including the applicant as an accused which is nothing one but bundle of lies. 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 15.04.2017. It is further submitted that the criminal history of the applicant has been properly explained in para 25 of the affidavit filed in support of bail application and the other being case crime No. 361, 341, 343, 582 of 2016 lodged by the police of P.S. Iglas on the basis of false allegation against the applicant in which this Hon'ble court granted order for staying the arrest of the applicant during the investigation.
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 Harveer Singh involved in Case Crime No. 328 of 2016, under Section 147, 148, 149, 384, 504, 420, 467, 468, 471 I.P.C., Police Station Iglas, District Aligarh 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 :- 19.2.2018
Arti Sharma
2 issues framed by the court
Whether the applicant is entitled to release on bail in the pending criminal case.
Whether the allegations against the applicant are false.
Harveer Singh
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
