In a criminal bail application under Indian Penal Code sections, the High Court allowed bail to the accused, finding reasonable grounds for belief in innocence, absence of independent witnesses, and no risk of tampering with evidence or absconding.
Release on bail by executing a personal bond and furnishing 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. - 3651 of 2019
Applicant :- Kaleem Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Kumar Tripathi 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. No offence has been committed by the applicant. Nothing incriminating has been recovered from the possession of the applicant and there is no independent public witness to the fact of alleged recovery. Police after arresting the applicant has slapped false cases against him. Offence alleged is triable by the Magistrate Ist Class. Criminal history of the applicant has been explained under paragraph no.12 of the affidavit filed in support of the bail application. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant is languishing in jail since 12.9.2018.
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 - Kaleem involved in Case Crime No. 1025 of 2018, under Sections - 411, 413, 414, 420, 467, 468, 471 I.P.C., Police Station - Chakeri, District - Kanpur Nagar 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 :- 25.1.2019 S Rawat
1 issue framed by the court
Whether the applicant is entitled to bail given innocent accusation, lack of incriminating evidence, and no risk of absconding?
1 provisions across 1 enactments
Kaleem
Arvind Kumar Mishra-I,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
