Single judge allowed bail application filed by Smt. Noorbano and another accused in a case concerning false implication and property transaction under IPC Sections 420, 467, 468, and 471.
Released on bail upon executing personal bond and furnishing two sureties each.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42639 of 2018
Applicant :- Smt. Noorbano And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicants has been confined to the extent that the applicants are innocent and has been falsely implicated in this case. Allegation is that subsequent purchaser of the property has falsely implicated applicant no.1, who is a vendee and applicant no.2, who is marginal witness. In case, the applicants are admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicants have no criminal history and are languishing in jail since 16.9.2018.
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 applicants are entitled to be released on bail. Accordingly, bail application is allowed .
Let the applicants Smt.Noorbano and Shakeel Ahmad, involved in Case Crime No. 648 of 2018, under Sections 420, 467, 468 and 471 I.P.C., Police Station Kotwali, District Budaun, be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 7.1.2019/PKC
1 issue framed by the court
Whether the applicants charged under IPC Sections 420, 467, 468, and 471 are entitled to bail.
Smt. Noorbano and Another
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
