In this bail application, the High Court allowed the release of the applicant, Shekhar Mishra, who alleged false implication in a criminal case involving theft and offences under IPC Sections 395 and 412.
Released on bail on executing a personal bond and furnishing two sureties in the like amount.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3250 of 2019
Applicant :- Shekhar Mishra Opposite Party :- State Of U.P. Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Supplementary affidavit filed is taken on record.
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 applicant is not named in the first information report.The police after arresting the applicant has slapped false cases against him. Nothing incriminating has been recovered from the possession and pointing out of the applicant. His name surfaced during the course of investigation. 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 2.11.2017.
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 - Shekhar Mishra involved in Case Crime No. 759 of 2017, under Sections - 395, 412 I.P.C., Police Station - Sikandrarau, District - Hathras 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
1 issue framed by the court
Whether the applicant is entitled to release on bail considering he was falsely implicated and has been in jail since 2017.
Shekhar Mishra
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
