This bail application allowed the release of the applicant, Raju Saini, accused under IPC Sections 392 and 411. The court granted bail without analyzing the merits of the case but based on the nature of accusation and circumstances.
The applicant is released on bail by executing a personal bond and furnishing two sureties.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4129 of 2019
Applicant :- Raju Saini Opposite Party :- State Of U.P. Counsel for Applicant :- Anand 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 A.G.A. 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 some altercation took place with the informant side due to which the applicant has been falsely implicated in this case. Even allegations made in the first information report are not supported in view of the incident of theft and recovery. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant is languishing in jail since 03.11.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. 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 Raju Saini involved in Case Crime No.1141 of 2018, under Sections 392, 411 I.P.C., Police Station Civil Lines, District Moradabad 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 :- 8.2.2019
rkg
2 issues framed by the court
Whether the applicant is entitled to release on bail considering the allegations and lack of further evidence.
Irrelevance of entering into merit to allow bail based on surrounding circumstances.
1 provisions across 1 enactments
Raju Saini
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
