The High Court allowed the bail application of the accused, Lallu Singh, accused under Sections 406, 420, 467, 468, and 471 IPC, considering his bail history and lack of criminal history.
The applicant be released on bail by executing a personal bond and furnishing two sureties each in a like amount.
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. - 42814 of 2018
Applicant :- Lallu Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Sengar 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 has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. There are general allegation which are not specifically applicable to the applicant. In the similar footing co accused has been granted bail by this Court vide order dated 18.01.2018 and 12.02.2018 in Criminal Misc. Bail Application No.2007 of 2018 and Criminal Misc. Bail Application No. 7778 of 2017, respectively. The applicant has no criminal history and is languishing in jail since 27.9.2018. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.
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 -Lallu Singh involved in Case Crime No.1073 of 2016, under Sections 406, 420, 467, 468 and 471 I.P.C., Police Station Kotwali-Orai, District Jalaun 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 :- 7.1.2019/PKC
1 issue framed by the court
Whether the applicant is entitled to bail despite the severity of punishment in case of conviction.
Lallu Singh
Hon'ble Arvind Kumar Mishra-I,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
