Single judge allowed bail in Bail Application No. 24705 of 2019 for accused facing 498A, 323, 506, 313 IPC charges. Court-approved compromise deed and released applicant on personal bond and sureties.
Released on bail with personal bond and two sureties.
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Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24705 of 2019
Applicant :- Abhishek Tyagi Opposite Party :- State Of Up Counsel for Applicant :- Anurag Upadhyaya Counsel for Opposite Party :- G.A.,Kapil Tyagi
Hon'ble Umesh Kumar,J.
Vakalatnama filed by Sri Kapil Tyagi, learned counsel on behalf of informant and supplementary affidavit are taken on record.
Applicant- Abhishek Tyagi seeks bail in Case Crime No. 184 of 2018, under Sections 498A, 323, 506, 313 IPC, Police Station Mahila Thana, District Ghaziabad.
Heard learned counsel for the applicant, learned counsel for the informant and learned AGA for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated; learned counsel for the applicant has filed compromise deed dated 11.6.2019 which shows that the parties have entered into amicable settlement, to which learned counsel for the informant has no objection. It has been further submitted that applicant is in jail since 30.4.2019 having no other criminal history to his credit.
Bail has been opposed by learned AGA on behalf of the State.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Without expressing any opinion on the merits of the case, let the above mentioned applicant involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
Order Date :- 19.6.2019 Shahid
1 issue framed by the court
Whether the applicant entitled to bail under Section 438 CrPC given compromise and lack of criminal history
Abhishek Tyagi
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
