Criminal Misc. Bail Application allowed. Court released applicant on personal bond and two sureties subject to conditions including non-tampering with evidence and cooperation in trial, noting lack of criminal antecedent.
Applicant released on bail on personal bond and two sureties subject to conditions of non-tampering and regular appearance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13843 of 2019
Applicant :- Shyam Singh Pal Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Kumar Keshari,Ansar Ahmad,Beerendra Singh Pal
Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Shyam Singh Pal has prayed to release him on bail in Case Crime No. 34 of 2019, u/s 272 I.P.C. and 60 Excise Act, P.S. Ajeetmal, District Auraiya.
Heard learned counsel for the applicant and Sri K. K. Rajbhar, learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number, whereas there was no independent public witness of the occurrence nor there was any recovery of any incriminating article from him. It was a planted recovery. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application but could not oppose the fact that there is no criminal antecedent of the applicant.
Perusal of the F.I.R. reveals that it was on the basis of alleged recovery memo and there was no independent public witness of the above recovery. The accused-applicant is with no criminal antecedent. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed .
Let the applicant, Shyam Singh Pal, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 10.5.2019
Pcl
1 issue framed by the court
Whether the applicant should be released on bail during the trial.
Shyam Singh Pal
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
