This is a bail application filed by Deepak Batham in a case involving Sections 394 and 411 IPC. The court, considering the nature of allegations and circumstances, allowed the bail application without expressing an opinion on merits.
Applicant released on bail by executing a personal bond and furnishing two sureties.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30999 of 2019
Applicant :- Deepak Batham Opposite Party :- State Of U.P. Counsel for Applicant :- Chandra Prakash Pandey 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 Deepak Batham in connection with Case Crime No.815 of 2018, under Sections 394, 411 I.P.C., P.S. Kotwali Fatehgarh, District Farrukhabad.
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 arrested on the basis of information given by the police informer. He further submitted that the alleged recovery shown from the possession of the applicant is totally fake and false. He further submitted that no identification parade was conducted by the police to ascertain the real culprits. He submitted that the applicant is languishing in jail since 04.06.2019 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 Deepak Batham 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 :- 19.8.2019
R./
2 issues framed by the court
Whether the applicant is eligible for bail under Section 394 and 411 IPC.
Whether the applicant can be released on bail after executing a personal bond and furnishing two sureties.
Deepak Batham
State Of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
