This judgment grants bail to the applicant, Charan Singh Yadav, an accused under the Arms Act. The court found him to be a fit case for bail, following conditions, without commenting on the merits of the charge.
Release of the applicant on bail by furnishing a personal bond and two sureties each in the like amount.
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Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14371 of 2019
Applicant :- Charan Singh Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Jatan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Sri Ram Jatan Yadav, learned counsel for the applicant, Sri Kulveer Singh, learned AGA appearing for the State and perused the material brought on record.
It has been submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case due to ulterior motive. It is further submitted that false recovery has been shown, nothing has been recovered from the possession or on the pointing out of the applicant. It is further submitted that there is no evidence to connect the applicant with the present matter. There is no independent witness of the alleged offence/recovery. 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 is further submitted that applicant has no previous criminal history and there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. The co-accused Ram Naresh, has already been granted bail by order dated 11.03.2019 passed by co-ordinate bench of this Court in Crl. Misc. Bail Application No.10261 of 2019, therefore, applicant is also entitled to be released on bail on the ground of parity. Applicant is in jail since 31.12.2018, and undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant- Charan Singh Yadav , be released on bail in Case Crime No.701 of 2018, under Sections 5/25 Arms Act, Police Station- Soron, District- Kasganj, on furnishing a personal bond and two sureties each in the like amount to the
satisfaction of the court concerned subject to following conditions:--
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 8.4.2019 Pr/-
1 issue framed by the court
Whether the applicant is a fit case for bail under the circumstances of false implication, lack of evidence, and no risk of flight or tampering.
1 provisions across 1 enactments
Charan Singh Yadav
Krishna Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
