Single judge allowed bail application of Prashant Kumar Yadav falsely implicated in cheating and forgery case. Court held applicant is innocent with no credible evidence connecting him to offense and granted bail on personal bond with two sureties.
Applicant released on bail by executing personal bond and furnishing two sureties each in like amount.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3245 of 2019
Applicant :- Prashant Kumar Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Kamlesh Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The name of the applicant has surfaced in the confessional statement of the co-accused Pankaj Kumar. There is no credible evidence appearing against the applicant to connect him with the alleged offence. There is no direct or indirect evidence against the applicant in support of the allegation made by the prosecution. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no previous criminal history and is languishing in jail since 25.4.2018.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed .
Let the applicant - Prashant Kumar Yadav involved in Case Crime No.349 of 2017, under Sections - 420, 467, 468, 471 I.P.C., Police Station - Rasoolpur, District - Firozabad 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 :- 23.1.2019 S Rawat
2 issues framed by the court
Whether the applicant is entitled to bail considering his innocence and lack of direct evidence against him.
Whether there is reasonable apprehension of absconding or tampering with witnesses.
Prashant Kumar Yadav
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
