Criminal Misc. Bail Application allowed on grounds of prima facie case and reasonable apprehension of tampering with witnesses without expressing opinion on merit of the case.
Applicants released on bail upon executing a personal bond and furnishing two sureties each.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2134 of 2019
Applicant :- Suraj @ Hori And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
Argument on behalf of the applicants has been extended to the effect that in this case, applicants are not named in the FIR. He further submits that the applicants are innocent and have been falsely implicated in this case. The applicants have no role to play in the commission of the offence. Name of the applicants has surfaced in the confessional statement of the coaccused. In case, the applicants are admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicants have no criminal history and are languishing in jail since 12.12.2018 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 applicants- Suraj @ Hori and Manishinvolved in case crime no.786 of 2018, under Sections 395, 412, 120-B IPC, Police Station Sikandra, district Agra be released on bail on
their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 17.1.2019
Raj
1 issue framed by the court
Whether the bail application should be allowed where the applicant is accused in the committal process but not named in the FIR.
Suraj @ Hori
Manish
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
