The Court allowed a bail application under Sections 379 and 411 IPC, holding the applicant entitled to release due to innocence claims, lack of incriminating evidence or independent witnesses, and no apprehension of absconding or tampering.
The applicant was released on bail upon 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. - 5107 of 2019
Applicant :- Jitendra Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Santosh Kumar Kesarwani 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. The applicant is not named in the first information report. Nothing incriminating has been recovered from the possession of the applicant and there is no independent public witness to the fact of alleged recovery. Criminal history of the applicant has been explained under various paragraphs of the affidavit filed in support of this bail application. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant is languishing in jail since 4.12.2018.
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 - Jitendra Kumar involved in Case Crime No. 0130 of 2018, under Sections - 379, 411 I.P.C., Police Station - Dhanapur, District - Chandauli 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 :- 6.2.2019 S Rawat
3 issues framed by the court
Whether the applicant is entitled to bail given his innocence claim and lack of independent witnesses against him?
If bail is granted, is there a reasonable apprehension of tampering with witnesses or absconding?
Whether the applicant is entitled to bail in a case involving Sections 379 and 411 IPC?
Jitendra Kumar
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
