The Single Judge allowed bail to the applicant, Rajan @ Kallu Sonkar, in a criminal case under Sections 379, 411 IPC. The court noted the applicant's claim of false implication and lack of criminal history in granting relief.
Release on bail upon executing a personal bond and furnishing two sureties.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4111 of 2019
Applicant :- Rajan @ Kallu Sonkar Opposite Party :- State Of U.P. Counsel for Applicant :- Kamlesh Kumar Singh 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. The fact is that the informant is sales man at the shop of the father of the applicant and there was dispute of some payment, due to which the applicant has been falsely named in this case. Offence alleged is triable by the Magistrate Ist Class. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 29.12.2018.
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 - Rajan @ Kallu Sonkar involved in Case Crime No. 157 of 2018, under Sections - 379, 411 I.P.C., Police Station - Baburi, District - Chandauli 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 :- 11.2.2019 S Rawat
1 issue framed by the court
Whether the applicant is entitled to be released on bail given his claim of false implication and lack of criminal history.
Rajan @ Kallu Sonkar
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
