This criminal miscellaneous bail application was allowed by Hon'ble Arvind Kumar Mishra-I,J. of Court No. 44. The applicant was released on bail with a personal bond and two sureties, without expressing an opinion on the merits of the case.
Applicant released on bail by executing a personal bond and furnishing two sureties each in the like amount.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1910 of 2019
Applicant :- Harishankar Tiwari Opposite Party :- State Of U.P. Counsel for Applicant :- Amar Nath Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. Offence is triable by Sessions Judge. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 7.12.2018 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Harishankar Tiwari- involved in case crime no.116 of 2018, under Sections 419, 420, 467, 468, 471 IPC, Police Station Laxa, district Varanasi be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the
satisfaction of the court concerned.
Order Date :- 16.1.2019
Raj
1 issue framed by the court
Whether bail should be granted in a case punishable under Sections 419, 420, 467, 468, 471 IPC where the applicant claims innocence and lack of absconding risk.
Harishankar Tiwari
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
