Single Judge allowed bail to Sultan @ Salman in a case under Section 392 IPC. The court accepted innocence claims and lack of independent witnesses, finding prima facie satisfaction of charges reasonable but no risk of absconding or witness tampering.
Released on bail on executing a personal bond and furnishing two sureties.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5855 of 2019
Applicant :- Sultan @ Salman Opposite Party :- State Of U.P. Counsel for Applicant :- Punya Sheel Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Supplementary affidavit filed is taken on record.
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 in various paragraphs of the affidavit to the bail application as well as in the supplementary affidavit. 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 31.10.2018.
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 - Sultan @ Salman involved in Case Crime No. 473 of 2016, under Section - 392 I.P.C., Police Station - Sikandra, District - Agra 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 :- 11.2.2019 S Rawat
2 issues framed by the court
Whether the applicant is entitled to bail pending trial given innocence claim and lack of independent witnesses.
Whether reasonable apprehension of tampering with witnesses justifies bail in a chargeable case.
1 provisions across 1 enactments
Sultan @ Salman
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
