Single judge allowed a bail application filed by Satish Singh challenging his arrest in a criminal case. The court admitted the applicant was innocent and released him on personal bond with two sureties.
Order allowed; applicant to be released on bail by executing a personal bond and furnishing two sureties.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5440 of 2019
Applicant :- Satish Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Baijant Kumar Mishra 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 has no concern with the offence in question. The police after arresting the applicant has slapped false cases against him and planted false recovery from his possession. There is no independent public eye witness to the incident. Criminal history of the applicant has been explained under paragraph no.8 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 9.11.2018.
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 - Satish Singh involved in Case Crime No. 543 of 2018, under Sections - 379, 411, 420, 467, 468, 471 I.P.C., Police Station - Tarya Sujan, District - Kushinagar 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 S Rawat
2 issues framed by the court
Whether the applicant is entitled to be released on bail given the circumstances of his arrest and accusation.
Whether there is a reasonable apprehension of tampering with witnesses or threat to the complainant.
Satish Singh
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
