Single judge acquitted of further criminal antecedent while accused by false implication and sealing 3000 rupees. While court granted bail allowed by person bond with two sureties for each to the satisfaction of court concerned. No other report.
Released on bail with personal bond and two sureties of equal amount.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6461 of 2018
Applicant :- Rupesh Opposite Party :- State Of U.P. Counsel for Applicant :- Mahesh Kumar Kuntal,Surendra Mohan Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Ravi Singh Parihar, 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 applicant was not named in the first information report the name of the applicant came into light in the confessional statement of co-accused Deepak. It is further submitted that nothing has been recovered from the possession of the applicant and a false recovery of Rs. 3000/- has been shown from the possession of the applicant, which belongs to the applicant. It is further submitted that there is no any independent witness of the alleged incident. 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 09.01.2018. The applicant has no other reported criminal antecedent.
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 Rupesh involved in Case Crime No. 0529 of 2017,
under Section 392, 411 I.P.C., Police Station Baldev, District Mathura 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 :- 21.2.2018 Arti Sharma
2 issues framed by the court
Whether the applicant entitled to bail considering nature of accusation and supporting evidence.
Whether applicant can be released on bail by furnishing personal bond with sureties.
2 provisions across 1 enactments
Rupesh
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
