Court allowed bail application of Smt. Anita, alleged in Theft and Criminal Breach of Trust. Court held applicant entitled to bail due to lack of incriminating material and no apprehension of tampering.
Released on bail by executing personal bond and furnishing two sureties each.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42607 of 2018
Applicant :- Smt. Anita Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Prakash Upadhyay 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 the applicant is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from possession of the applicant. There is no public independent witness to the fact of recovery. Factum of recovery is denied. Offence alleged is triable by the Magistrate Ist Class. The benefit of provision of Section 437 Cr.P.C. may be extended to the applicant. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and is languishing in jail since 15.08.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. 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 Smt. Anita involved in Case Crime No.0367 of 2018, under Sections 379, 411 I.P.C., Police Station Etmadpur, District Agra be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 3.1.2019
rkg
1 issue framed by the court
Whether the applicant is entitled to be released on bail while languishing in jail without criminal history.
2 provisions across 2 enactments
Smt. Anita
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
