Single judge allowed bail to Mohammad Aman in a non-bailable offence under IPC, ruling he was falsely implicated with no incriminating possession or independent witnesses.
Release on bail on executing personal bond and furnishing two sureties.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5628 of 2019
Applicant :- Mohammad Aman Opposite Party :- State Of U.P. Counsel for Applicant :- Mahendra Tripathi 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 role to play in the commission of the offence. No offence has been committed by the applicant. The police has planted false recovery against the applicant. Nothing incriminating has been recovered from the possession of the applicant and there is no independent public witness to the fact of alleged recovery. 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 16.11.2018.
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 - Mohammad Aman involved in Case Crime No. 592 of 2018, under Sections - 392, 411 I.P.C., Police Station - Nawabganj, District - Prayagraj/Allahabad 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 :- 8.2.2019 S Rawat
2 issues framed by the court
Whether the applicant, falsely implicated with no evidence of recovery or independent witnesses, was eligible for bail.
Whether reasonable apprehension of tampering or threat to complainant warranted bail despite nature of accusation.
1 provisions across 1 enactments
Mohammad Aman
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
