Criminal Bail Application allowed for Mohd. Chand accused under Sections 328, 392, 411 IPC. The applicant claimed false implication with no recovered evidence. The court found it a fit case for bail without expressing opinion on merits.
The applicant Mohd. Chand to be released on bail by executing personal bond and furnishing two sureties subject to conditions.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36581 of 2019
Applicant :- Mohd. Chand Opposite Party :- State Of U.P. Counsel for Applicant :- Ravindra Kumar 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 Mohd.Chand in connection with Case Crime No.185 of 2019, under Sections 328, 392, 411 I.P.C., P.S. Ghoorpur, District Allahabad.
As per the first information report that on 24.04.2019 the complainant was looted by giving him intoxicating tea and the first information report was lodged against some unknown persons.
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 nothing incriminating regarding this offence was recovered from the applicant. He submitted that there is no public witness of the alleged recovery. He submitted that the applicant is languishing in jail since 27.04.2019 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 Mohd. Chand 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 :- 19.9.2019 R./
2 issues framed by the court
Whether the applicant is entitled to bail despite allegations of false implication and lack of incriminating evidence recovered.
Whether the applicant will misuse liberty on bail given the severity of the offences and gravity of allegations.
Mohd. Chand
State Of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
