In a bail application filed by Soni accused under Section 414 IPC, the court allowed the application despite not delving into the merits, citing the nature of accusation, severity of sentence, and prima facie satisfaction regarding the charge as grounds for bail.
Applicant released on bail by executing a personal bond and furnishing two sureties in the like amount.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5103 of 2019
Applicant :- Soni Opposite Party :- State Of U.P. Counsel for Applicant :- Chandra Prakash Pandey 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. No offence has been committed by the applicant. Nothing has been recovered from the possession of the applicant. There is no independent public eye witness to the incident. There is no evidence appearing against the applicant to connect him with the alleged offence. The police after arresting the applicant has slapped false cases against her. In case, the applicant is admitted to bail, there is no possibility of her absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 28.11.2018.
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 - Soni involved in Case Crime No. 281 of 2018, under Section - 414 I.P.C., Police Station - G.R.P. Junction Bareilly, District - Bareilly be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 6.2.2019 S Rawat
2 issues framed by the court
Whether the applicant is entitled to bail given the nature of accusation, severity of punishment, and prima facie satisfaction of the court supporting the charge.
Whether reasonable apprehension of tampering with witnesses exists in this case.
Soni
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
