Court allowed bail to Jogendra @ Jogi accused under Sections 379 and 411 IPC in a theft and dishonestly receiving case, holding him entitled to release despite opposing contentions.
Released on bail by executing a personal bond and furnishing two sureties each in the like amount.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4282 of 2019
Applicant :- Jogendra @ Jogi Opposite Party :- State Of U.P. Counsel for Applicant :- Santosh Kumar Dubey 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. The applicant is not named in the first information report. The name of the applicant has surfaced in the confessional statement of the co-accused. The police after arresting the applicant has slapped false cases against him. Nothing incriminating has been recovered from possession of the applicant. Factum of recovery is denied. Offence alleged is triable by the Magistrate Ist Class. 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 previous criminal history and is languishing in jail since 14.11.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
Without entering into merit 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 Jogendra @ Jogi involved in Case Crime No.130 of 2018, under Sections 379, 411 I.P.C., Police Station Dhanapur, District Chandauli 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
rkg
2 issues framed by the court
Whether the applicant, falsely implicated and having no prior criminal history, is entitled to bail.
Whether the police slapping false cases and absence of recovered evidence warrants granting bail.
2 provisions across 1 enactments
Jogendra @ Jogi
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
