In Criminal Misc. Bail Application No. 4235 of 2019, the High Court allowed bail to the applicant Dhiraj Kumar, accused of offences under Sections 427 and 436 IPC, without expressing an opinion on the merits of the case.
Released on bail by executing a personal bond and furnishing two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4235 of 2019
Applicant :- Dhiraj Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Upendra Kumar Pushkar Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. Applicant happens to be driver of the informant and due to dispute of payment of wages, he has been falsely implicated in this case. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 15.12.2018 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- Dhiraj Kumar involved in case crime no.532 of 2018, under Sections 427, 436 IPC, Police Station Lodha, district Aligarh 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 :- 30.1.2019
Raj
2 issues framed by the court
Whether bail is maintainable for the applicant accused under Sections 427 and 436 IPC.
Whether reasonable apprehension of tampering with the witness and prima facie case exist.
Dhiraj Kumar
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
