In a bail application under sections 41/411, 413, 417, 419, 420, 467, 468, 471 IPC, this court held that despite the gravity of offences and lack of explicit merit opinion, the applicant is a fit case for bail. Bail was allowed subject to conditions.
Applicant released on bail on executing a personal bond and furnishing two sureties.
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. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34238 of 2019
Applicant :- Anand Raj @ Nandan Opposite Party :- State Of U.P. Counsel for Applicant :- Brijesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
As there is strike of lawyers, no one has appeared on behalf of the applicant to argue the bail application. However, Hridayananda Singh, father-in-law of the applicant has appeared in person.
This is a bail application on behalf of the applicant Anand Raj @ Nandan in connection with Case Crime No.95 of 2019, under Sections 41/411, 413, 417, 419, 420, 467, 468, 471 I.P.C., P.S. Bankata, District Deoria.
Heard Sri Hridayananda Singh, on behalf of the applicant in person and learned A.G.A. for the State and perused the record.
It has been argued that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the alleged recovery shown from the applicant is totally fake and false. He submitted that there is no public witness of the alleged recovery. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 28.06.2019 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 Anand Raj @ Nandan 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 :- 6.9.2019 R./
2 issues framed by the court
Whether the present case is a fit case for granting bail.
Whether the applicant is a fit person to be released on bail.
Anand Raj @ Nandan
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
