Hakim Singh Vs State of U.P.

Court No. - 44

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2984 of 2019

Applicant :- Hakim Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant and the learned A.G.A. for the State.

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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 in paragraph no.15 to the affidavit filed in support of this bail application. The applicant is languishing in jail since 15.11.2018 in the present case.

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The learned A.G.A. has vehemently opposed the prayer.

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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

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bail application is allowed.

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Let the applicant- Hakim Singh involved in case crime no.737 of 2018, under Sections 392, 411 IPC, Police Station Achhnera, 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.

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Order Date :- 22.1.2019

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Raj

Hakim Singh v. State of U.P.

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Hakim Singh v. State of U.P.

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