In Criminal Misc. Bail Application No. 4961 of 2019, the Single Judge allowed the bail application filed by Dilshad, who alleged false implication and claimed innocence in a theft and cheating case triable by a Magistrate of the First Class.
Released on bail upon executing personal bond and furnishing two sureties each.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4961 of 2019
Applicant :- Dilshad Opposite Party :- State Of U.P. Counsel for Applicant :- Ashutosh 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 is confined to the extent that the applicant is innocent and has been falsely implicated in this case. The police in order to facilitate easy unearthing of the crime, have deliberately implicated the applicant in this case and have connected him with the present one. Offence alleged is triable by the Magistrate Ist Class. 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 previous criminal history and is languishing in jail since 7.12.2018.
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 - Dilshad involved in Case Crime No. 323 of 2018, under Sections - 380, 411, 419 I.P.C., Police Station - Qila, District - Bareilly 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 :- 5.2.2019 S Rawat
2 issues framed by the court
Whether the applicant is entitled to bail considering innocence claim and lack of absconding risk.
Whether granting bail is appropriate given the nature of accusation and supporting evidence.
Dilshad
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
