Bail application allowed with conditions. Court noted delayed FIR, absence of independent witness for recovery, and lack of antecedents. Applicant granted bail on personal bond and sureties.
Released on bail on furnishing a personal bond and two sureties each, subject to conditions of non-tampering and regular appearance.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20099 of 2019
Applicant :- Annu @ Anoop Batham Opposite Party :- State Of U.P. Counsel for Applicant :- Bharat Pratap Singh,Anil Kumar Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Annu @ Anoop Batham, who is involved in Case Crime No. 05 of 2019, under Sections 392, 411 I.P.C., P.S. Auraiya, District Auraiya, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this very case crime number. First Information Report was got lodged against unknown persons for offence punishable under Section 392 I.P.C. and this too was quite delayed report lodged on 04.01.2019 for an occurrence said to be of 08.12.2018. Accused-applicant has been alleged to be with one mobile which was recovered from him, whereas no such recovery was there. There is no independent public witness of alleged recovery. The applicant is of no concern with above occurrence. There is no likelihood of applicant's fleeing from course of justice and tempering with evidence in case of release on bail. Accused-applicant is of no criminal antecedents. Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
Perusal of first information report reveals that it was got lodged after a considerable delay against unknown person and alleged recovery was with no independent public witness.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and 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 Annu @ Anoop Batham , involved in above
mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to 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 :- 14.5.2019 NS
1 issue framed by the court
Whether the applicant is entitled to bail in the charges under Sections 392 and 411 I.P.C. considering the late filing of FIR, lack of independent witness for recovery, and no criminal antecedents.
1 provisions across 1 enactments
Annu @ Anoop Batham
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
