Bail application allowed. Court held that without expressing opinion on merits, reasonable apprehension of tampering with witnesses and prima facie case justified bail.
Released on bail on executing a personal bond and furnishing two sureties.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2465 of 2019
Applicant :- Mangesh Chaubey @ Rider Opposite Party :- State Of U.P. Counsel for Applicant :- Sudarshan 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 not named in the FIR. He further submits that the applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. The police has planted false recovery against the applicant. Nothing incriminating has been recovered from the possession of the applicant. Factum of recovery has not been supported by any independent public witness. 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 5.12.2018 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- Mangesh Chaubey @ Rider
involved in case crime no.380 of 2018, under Sections 379, 411, 413, 414, 419, 420, 467, 468, 471 IPC, Police Station Chandauli, district Chandauli 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 :- 18.1.2019
Raj
1 issue framed by the court
Whether bail should be granted to the applicant who is alleged to be falsely implicated and has no criminal history.
Mangesh Chaubey @ Rider
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
