Single judge allowed bail to Mahendra Rajbhar who contended he was falsely implicated and had no role in the offence. Grant based on reasonable apprehension of tampering without judging merit.
Applicant discharged on execution of personal bond with two sureties each to the satisfaction of the court concerned.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2940 of 2019
Applicant :- Mahendra Rajbhar Opposite Party :- State Of U.P. Counsel for Applicant :- Anand Kumar Tiwari 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 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 15.11.2018 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- Mahendra Rajbhar involved in case crime no.205 of 2018, under Sections 41, 411
IPC and 207 Motor Vehicle Act, Police Station Gyanpur, district Bhadohi 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
1 issue framed by the court
Whether bail should be granted to the applicant stood accused of cheating and related offences under uncertain circumstances.
Mahendra Rajbhar
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
