Criminal Misc. Bail Application allowed. The court granted bail to the applicant, Ravindra Kushwaha, charged under Sections 420, 467, and 471 IPC, noting a prima facie case and reasonable apprehension of tampering with witnesses, requiring a personal bond and sureties.
Release on bail by executing a personal bond and furnishing two sureties.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5320 of 2019
Applicant :- Ravindra Kushwaha 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.
Learned counsel for the applicant has filed supplementary affidavit, the same is taken on record.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. He further submits that the main co- accused Shamshad has already been admitted to bail by this Court, copy whereof has been annexed as Annexure No.1 to the supplementary affidavit filed in support of this bail application. He further submits that Rs.72,000/- were made over to the aforesaid co- accused Shamshad, whereas the total transaction in question figured around Rs.89,500/-, the accused deposited Rs.6,500/- in the account of the victim, the photocopy of the receipt whereof has been placed on record as Annexure no.2 to the supplementary affidavit. Offence is triable by Magistrate First Class. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 22.11.2018 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Ravindra Kushwaha involved in case crime no.968 of 2017, under Sections 420, 467, 471 IPC, Police Station Kannauj, district Kannauj 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 :- 7.2.2019
Raj
1 issue framed by the court
Whether bail should be granted to the applicant charged with offences under Sections 420, 467, and 471 IPC.
1 provisions across 1 enactments
Ravindra Kushwaha
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
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