This single judge court allowed the bail application of the applicant, Suresh Singh. The application was dismissed as confusedly drafted and devoid of merit. The applicant was remanded to custody.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2662 of 2019
Applicant :- Suresh Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Rohit Shukla Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. 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. Nothing incriminating has been recovered from possession of the applicant. There is no public independent witness to the fact of recovery. Factum of recovery is denied. Offence alleged is triable by the Magistrate Ist Class. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and is languishing in jail since 14.12.2018. Under the similar circumstances coaccused have been admitted to bail by this Court, copy whereof have been produced by learned counsel for the applicant, the same is taken on record.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. 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 Suresh Singh involved in Case Crime No.723 of 2018, under Sections 379, 411, 420 I.P.C., Police Station Farah, District Mathura 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 :- 21.1.2019/Raj
1 issue framed by the court
Whether the applicant is entitled to be released on bail despite the objection by the State of U.P.
Suresh Singh
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
