Criminal Misc. Bail Application wherein the applicant, Deepak Kumar, sought bail in a case under Sections 394 and 411 IPC, alleging false implication and lack of recovery evidence.
Released on bail with personal bond, two sureties, and undertaking subject to conditions against tampering, threatening witnesses, seeking adjournments, or criminal activities.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41718 of 2019
Applicant :- Deepak Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Mrityunjay Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No. 311 of 2019, under Sections 394 and 411 IPC, Police Station Tappal, District Aligarh, applied for bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Accused-applicant is not named in the FIR; nothing has been recovered from the possession of the applicant; only Identity Card has been shown to be recovered by the Police is false and concocted; there is no public witness at the time of recovery. Applicant is in Jail since 02.09.2019. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by learned counsel for the accused-applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant-Deepak Kumar be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
the witnesses.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 13.11.2019
Akram
1 issue framed by the court
Whether the accused-applicant deserves bail given allegations of false implication and lack of tangible evidence against him.
Deepak Kumar
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
