The Court allowed bail to the applicant, Gaurav Vaishya, charged under Section 392 IPC, as he was falsely implicated. Bail granted on personal bond with two sureties.
Released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7048 of 2018
Applicant :- Gaurav Vaishya Opposite Party :- State Of U.P. Counsel for Applicant :- Vindhyachal Singh,Raj Mangal Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard 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 and his name has come into light in the confessional statement of the co-accused Amit @ Lala. It is further submitted that no looted article has been recovered from the possession or on the pointing out 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 1.11.2017. It has been pointed out that the applicant has criminal history which has been duly explained in paragraph no.14 of the affidavit accompanying the 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 Gaurav Vaishya involved in Case Crime No.496of 2017, under Section 392 I.P.C., Police Station Talgram, District Kannauj 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 :- 23.2.2018 Dev/-
1 issue framed by the court
Whether the applicant, falsely implicated due to ulterior motives and not named in the FIR, is entitled to bail.
1 provisions across 1 enactments
Gaurav Vaishya
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
