Single Judge order allowing bail in a criminal case under Sections 364 IPC. The applicant claimed false implication and delay in FIR. Prima facie case for bail made out; bail granted subject to conditions including personal bond and sureties.
Bail granted on personal bond and furnishing two sureties each to the satisfaction of the court with specific conditions.
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Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39968 of 2018
Applicant :- Sonu@Vipin Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Srivastava,Akhilesh Singh,Vinod Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Applicant has moved the present bail application seeking bail in Case Crime No. 617 of 2017, under Sections 364 I.P.C., P.S. Karhal, District Mainpuri.
I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.
The contention as raised at the bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case; FIR itself has been lodged after a period of about five months of the incident; the accused applicant is in jail since 4.7.2018 and in case he is released on bail, he will not misuse the said liberty.
The bail application has been vehemently opposed by learned A. G. A.
Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Sonu@Vipin involved in the aforesaid case crime number 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, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 10.7.2019 Kuldeep
2 issues framed by the court
Whether bail should be granted to the applicant under Sections 364 IPC.
Whether the applicant has made a prima facie case for bail based on false implication and delay in FIR.
Sonu@Vipin
Vipin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
