Held applicant Rahul Pandit entitled to bail in case involving IPC Sections 392, 411 despite criminal history, subject to conditions including attending trial, not tampering with witnesses, and ensuring sureties' verification.
Applicant released on bail by furnishing personal bond with two sureties, subject to specified conditions.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6196 of 2018
Applicant :- Rahul Pandit Opposite Party :- State Of U.P. Counsel for Applicant :- Zafar Abbas Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Zafar Abbas, learned counsel for the applicant and Ms. Poonam Singh Sengar, 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 create doubt regarding the complicity of the applicant in the alleged offence. It is further submitted that the recovery of Rs.460/-, one Adhar Card and one country made pistol has been shown 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 19.6.2017. It has been pointed out that the applicant has criminal history, which has been explained in para 12 of the affidavit accompanying this 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 Rahul Pandit involved in Case Crime No.0172 of 2017, under Sections 392, 411 I.P.C., Police Station Babugarh, District Hapur 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 :- 20.2.2018 Dev/-
3 issues framed by the court
Whether the applicant entitled to release on bail given false implication and challenging AL?
On what conditions the applicant should be released on bail under IPC Section 392 and 411?
Whether the recovery of items from applicant's possession satisfies prima facie satisfaction of the court?
Rahul Pandit
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
