Court allowed bail application for applicant Sanjay Kumar Gandhi, charged under IPC sections for cheating and forgery. Court held applicant, a marginal witness with no active role, criminal history, or risk of absconding, is entitled to release despite severity of charge.
Release on bail upon execution of personal bond and furnishing two sureties.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4769 of 2019
Applicant :- Sanjay Kumar Gandhi Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh 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 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. He happens to be marginal witness of the alleged sale deed and has not played any active role in the execution of the sale deed. He is not the beneficiary of the transaction. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 11.11..2018.
Learned AGA has opposed prayer for bail. However, he 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 - Sanjay Kumar Gandhi involved in Case Crime No. 345 of 2018, under Sections - 420, 467, 468, 471, 406, 504, 506 I.P.C., Police Station - Ahirauli Bazar, District - Kushinagar 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.
It is made clear that advantage of this bail shall not go to other co-accused than the marginal witness.
Order Date :- 1.2.2019 S Rawat
3 issues framed by the court
Whether the applicant, a marginal witness with no criminal history and no role in the execution of the sale deed, is entitled to bail.
Whether reasonable apprehension of tampering with witnesses justifies release on bail despite the severity of punishment.
Whether the bail order is applicable only to the specific applicant as a marginal witness and not to other co-accused.
Sanjay Kumar Gandhi
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
