Single Judge Court allowed a bail application filed by Sanjay Kumar Agrahari in a criminal case involving cheating and wrongful gains, ordering his release on personal bond and surety.
Release of applicant on personal bond and furnishing two sureties.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42145 of 2018
Applicant :- Sanjay Kumar Agrahari Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Kumar Mishra 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 is confined to the extent that the applicant is innocent and has been falsely implicated in this case. Assuming it to be that any offence was committed and applicant was arrested, even then he has not gained any wrongful gain. His act may be considered to be the stage of preparation only for committing the offence in question. 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 is languishing in jail since 7.9.2018.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Without expressing any opinion on merits 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 - Sanjay Kumar Agrahari involved in Case Crime No.56 of 2018, under Sections - 170, 419, 420, 504 I.P.C., Police Station - Shakti Nagar, District - Sonebhadra 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 :- 8.1.2019 S Rawat
1 issue framed by the court
Whether the applicant is entitled to bail given his claim of innocence and stage preparation in alleged offences under Sections 170, 419, 420, and 504 IPC?
1 provisions across 1 enactments
Sanjay Kumar Agrahari
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
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