The Court allowed a bail application filed by Udai Kumar Ahirwar in a criminal case where the applicant claimed false implication. The Court noted the applicant was the informant and released him on bail.
Applicant released on bail upon executing a personal bond and furnishing two sureties.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4772 of 2019
Applicant :- Udai Kumar Ahirwar Opposite Party :- State Of U.P. Counsel for Applicant :- Ramesh Kumar Shukla 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 was the informant of this case and police cooked up a false story of his arrest from inside the truck in question. He had no motive to commit the offence in question. Facts regarding his complicity of the offence is also wanting. 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 12.12.2018.
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 - Udai Kumar Ahirwar involved in Case Crime No. 243 of 2018, under Sections - 407, 411, 420 I.P.C., Police Station - Kadaura, 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 :- 1.2.2019 S Rawat
2 issues framed by the court
Whether the applicant is entitled to bail despite allegations of false implication.
Whether there is reasonable apprehension of tampering with witnesses given the nature of the case.
Udai Kumar Ahirwar
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
