Single judge allowed bail to two applicants falsely implicated in theft and cheating offences, holding there was reasonable apprehension of tampering with witnesses and a prima facie case.
Applicants released on bail executing a personal bond and furnishing two sureties each.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4059 of 2019
Applicant :- Yogendra Kumar And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Dwivedi,Shiv Shankar Kaithal Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
Argument on behalf of the applicants has been extended to the effect that in this case, applicants are not named in the FIR. He further submits that the applicants are innocent and have been falsely implicated in this case. The applicants have no role to play in the commission of the offence. The police has planted false recovery against the applicants. Nothing incriminating has been recovered from the possession of the applicants. Factum of recovery is denied. In case, the applicants are admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicants have no criminal history and are languishing in jail since 14.11.2018 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Yogendra Kumar and Munesh Kumar @ Shailendra Kumar @ Chhotu- involved in case crime no.898 of 2018, under Sections 457, 380, 411 IPC, Police Station Ghatampur, district Kanpur Nagar be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 8.2.2019
Raj
1 issue framed by the court
Whether bail should be granted to the applicants charged under Sections 457, 380, 411 IPC.
Yogendra Kumar
Munesh Kumar @ Shailendra Kumar @ Chhotu
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
