This court allowed a bail application for two applicants charged with theft and criminal breach of trust. The court expressed prima facie satisfaction regarding the charges and release them on personal bonds with sureties.
Applicants released on bail by furnishing a personal bond with two sureties each in like amount.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 773 of 2018
Applicant :- Gabbar And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of thee State is taken on record Heard Sri A.K.Tripathi, learned counsel for the applicants and Sri R.S.Parihar, learned A.G.A. appearing for the State.
Learned counsel for the applicants in support of their prayer for bail submits that the applicants are innocent and they have been falsely implicated in the present case due to ulterior motive and they have committed no offence.It is next contended that the FIR was lodged against unknown persons and the applicants are not named therein. It is alleged that one motorcycle has been recovered from the joint possession of the applicants and two other co-accused Pramod and Mahaveer. It is also contended that false recovery of motorcycle has been shown against the applicants because there is no evidence on record to show the complicity of the applicants in the commission of such offence. except confessional statements of the applicants. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants 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 applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required. It has also been submitted that the applicants are languishing in jail since 11.9.2017. The applicants have 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 applicants are entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicants Gabbar and Ram Lkahan involved in Case Crime
No.0895 of 2017, under Sections 379, 411 I.P.C., Police Station Sikanara, District Agra be released on bail on their 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 :- 12.3.2018 IA
1 issue framed by the court
Whether the applicants entitled to release on bail given nature of accusation and support for charge.
Gabbar
Ram Lkahan
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
