Single Judge criminal court allowed bail to the applicant who was falsely implicated. The court noted the applicant's innocence claim, lack of criminal history, and no risk of absconding or witness tampering despite involvement in theft and forgery charges.
Released on bail on executing a personal bond and furnishing two sureties each in like amount.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46249 of 2018
Applicant :- Sunil Kumar Kasera Opposite Party :- State Of U.P. Counsel for Applicant :- Shailendra Kumar Singh 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 partner of the co-accused Sudhir Kumar Singh who has been admitted to bail by this Court today in Criminal Misc. Bail Application No.46247 of 2018. The direct involvement of the applicant cannot be connected with the offence in question. There is no possibility of absconding or misusing the liberty of bail in case the applicant is admitted to bail. The applicant does not bear any criminal history and is languishing in jail since 07.09.2018.
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 Sunil Kumar Kasera involved in Case Crime No.586 of 2018, under Sections 379, 419, 420, 467, 468, 471 I.P.C., Police Station Gulariha, District Gorakhpur 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 :- 4.1.2019 rkg
3 issues framed by the court
Whether the applicant, accused in offences of theft, cheating, and forgery, is entitled to bail.
Whether the applicant has reasonable apprehension of tampering with witnesses or threat to the complainant.
Whether the applicant satisfies the prima facie charge requirements for bail grant.
1 provisions across 1 enactments
Sunil Kumar Kasera
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
