This single-paragraph bail order grants bail to the applicant accused of theft and forgery. The court held it as a fit case for bail without expressing an opinion on merits and granted release on personal bond with two sureties.
Release on bail on executing personal bond and furnishing two sureties each in 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. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29459 of 2019
Applicant :- Ramesh Chandra Urf Sharma Babu Opposite Party :- State Of U.P. Counsel for Applicant :- Ramesh Chandra Srivastava,Shiv Ji Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Ramesh Chandra @ Sharma Babu in connection with Case Crime No.28 of 2017, under Sections 379, 411, 420, 467, 468, 471, 328, 120-B I.P.C., P.S. Madrak, District Aligarh.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant was not named in the first information report and nothing incriminating was recovered from his possession. He further submitted that the name of the applicant has surfaced during investigation in the statement of another co-accused. He further submitted that there is no previous criminal history of the applicant. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 16.06.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Ramesh Chandra @ Sharma Babu involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court; iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 11.9.2019
R./
1 issue framed by the court
Whether the applicant is entitled to release on bail in view of gravity of offence and nature of allegations.
1 provisions across 1 enactments
Ramesh Chandra Urf Sharma Babu
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
