Hon'ble Court granted bail to Deepak Yadav against false implication in a theft case. The court noted lack of criminal history, readiness to cooperate, and reasonable apprehension of witness tampering despite prima facie evidence. Bail granted on personal bond with two sureties.
Applicant released on bail on furnishing personal bond with two sureties.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 701 of 2018
Applicant :- Deepak Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Rakesh Pati Tiwari, learned counsel for the applicant and Sri Ravi Singh Parihar, 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 further submitted that the applicant was not named in the first information report. It is further submitted that the recovery of country made pistol and cartridges which has been shown from the possession of the applicant is planted one. 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 29.10.2017. It has been pointed out that the applicant has no criminal history.
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 Deepak Yadav involved in Case Crime No.1174 of 2017, under Sections 379, 41 I.P.C., Police Station Phase-III, NOIDA, District Gautam Budh Nagar 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 :- 9.1.2018
Dev/-
1 issue framed by the court
Whether the applicant, falsely implicated with no criminal history, is entitled to bail in a theft case involving false implication and planted evidence.
Deepak Yadav
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
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