Criminal Misc. Bail Application where the court, without entering into the merit of the case, granted bail to the applicants based on reasonable apprehension of witness tampering and prima facie satisfaction merely noting no recovery from their possession.
Applicants released on bail upon executing a personal bond and furnishing two sureties each.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4877 of 2019
Applicant :- Ram Niwas And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicants has been confined to the extent that the applicans are innocent and have been falsely implicated in this case. The applicants are not named in the first information report. Nothing incriminating has been recovered from the possession of the applicants. The police has planted false recovery against the applicants. There is no independent public witness of the alleged recovery. In case, the applicants are admitted to bail, there is no possibility of their absconding or misusing the liberty of bail. The applicants have no criminal history and are languishing in jail since 10.12.2018.
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 applicants are entitled to be released on bail.
Accordingly, bail application is allowed .
Let the applicant - Ram Niwas and Arjun Singh involved in Case Crime No. 553 of 2018, under Sections - 380, 411 I.P.C., Police Station - Sheohara, District - Bijnor be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 5.2.2019 S Rawat
2 issues framed by the court
Whether the applicants are entitled to bail given the lack of criminal history and no recovery from their possession?
Whether the concerns regarding witness tampering and threat to the complainant justify granting bail?
Ram Niwas and Arjun Singh
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
