In this criminal bail application, the court allowed the applicant's request for release on bail without expressing an opinion on the merits of the case, citing reasonable apprehension of witness tampering and a prima facie case.
Released on bail by executing a personal bond and furnishing two sureties each in the amount to the satisfaction of the court.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4438 of 2019
Applicant :- Vineet Kumar Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Rakesh Kumar Singh 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 not named in the FIR. He further submits that the applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. The police has planted false recovery against the applicant. Nothing incriminating has been recovered from the possession of the applicant. Factum of recovery is denied. 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 13.11.2018 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- Vineet Kumar Singh involved in case crime no.959 of 2018, under Sections 392,
411, 120B and 34 IPC, Police Station Kasganj, district Kasganj 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 :- 31.1.2019
Raj
2 issues framed by the court
Whether the applicant should be released on bail considering he is not named in the FIR and claims false implication.
Whether there is a reasonable apprehension of tampering with witnesses given the severity of the accusations.
Vineet Kumar Singh
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
