Hon'ble Court allowed bail application for applicant charged under IPC and IT Act, directing release on personal bond and sureties without expressing opinion on merits.
Release on bail on executing personal bond and furnishing two sureties each in like amount.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1922 of 2019
Applicant :- Manoj Kumar @ Manoj Kumar Srivastva Opposite Party :- State Of U.P. Counsel for Applicant :- Mahesh Chandra Tiwari,Kiran Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. Similarly circumstanced co-accused Prince Kumar Tiwari has been admitted to bail by this Court vide order dated 18.12.2018 in Criminal Misc. Bail Application Nos.41834 of 2018. A copy of the said order has been produced by the learned counsel for the applicant. The applicant has no criminal history and is languishing in jail since 7.9.2018. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Manoj Kumar @ Manoj Kumar Srivastva- involved in Case Crime No. 1020 of 2018, under Sections - 420, 467, 468, 471 I.P.C. and Section 66 and 66(D) of I.T. Act, Police Station - Sadar Bazar, District - Agra 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
2 issues framed by the court
Whether the applicant entitled to release on bail considering severity of punishment and nature of accusation.
Whether applicant had reasonable apprehension of tampering with witness or threat to complainant.
2 provisions across 2 enactments
Manoj Kumar @ Manoj Kumar Srivastva
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
