In this bail application, the High Court allowed the prisoner's request for release on personal bond with two sureties, citing reasonable apprehension of witness tampering and a prima facie case without assessing the merits.
The applicant is to be released on bail by executing a personal bond with two sureties each 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. - 2988 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 slapped false case against the applicant. Factum of recovery is denied. Offence is triable by Magistrate First Class. 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. Under the similar circumstances coaccused Jitendra Kumar has been admitted to bail by this Court, copy whereof has been produced by learned counsel for the applicant, the same is taken on record.
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.186 of 2018, under Sections 328, 365, 392, 406 IPC, 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
2 issues framed by the court
Whether bail should be granted to the applicant who claims false implication and lack of role in the offense.
Whether the applicant poses a risk of absconding or tampering with witnesses.
Mahendra Rajbhar
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
