Single judge allowed bail application of Deendayal Alias Deena, falsely implicated in theft/crime related cases, releasing him on bond and sureties.
Applicant released on bail by executing personal bond and furnishing two sureties in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2936 of 2019
Applicant :- Deendayal Alias Deena Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Kumar Srivastava,Virendra Kumar Srivastava 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. Criminal history of the applicant has been satisfactorily explained by the applicant in paragraph no.12 to the affidavit filed in support of this bail application. The applicant is languishing in jail since 16.10.2018 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- Deendayal Alias Deena involved in case crime no.1008 of 2018, under Sections 457, 380, 411 IPC, Police Station Jagdishpura, district Agra 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 :- 22.1.2019
Raj
2 issues framed by the court
Whether bail is to be granted to the applicant falsely implicated in the offence.
Whether apprehension of tampering with witnesses justifies release on bail.
Deendayal Alias Deena
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
