The applicant applied for bail in a criminal case involving theft, cheating, and forgery. Despite the applicant's absence due to a strike, the court considered the material on record and granted bail, releasing the applicant on personal bond and two sureties.
Release of the applicant on executing a personal bond and furnishing two sureties in like amount.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6126 of 2019
Applicant :- Deepu Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Jitendra Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Case was called out repeatedly but none responded for the applicant on account of fact that today call for strike has been made by the Bar. However, the State is represented through the A.G.A.
Sri Om Narain Tripathi, learned A.G.A. along with the other brief holders for the State are present in Court. They are ready to assist the Court so that the matter may be heard and disposed of on merit.
Hence, this bail application is being considered and decided on merit on the basis of material brought on record.
Grounds urged in support of this bail bail application are that the applicant is innocent and has been falsely implicated in this case. 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 paragraph no.13 of the affidavit filed in support of this bail application. Offence alleged is triable by the Magistrate Ist Class. 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 10.8.2017.
Learned A.G.A. 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 - Deepu Singh involved in Case Crime No. 254 of 2018, under Sections - 379, 411, 419, 420, 467, 471, 41 I.P.C., Police Station - Kotwali Hamirpur, District - Hamirpur 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 :- 12.2.2019
S Rawat
2 issues framed by the court
Whether the applicant is entitled to bail despite charges of theft, cheating, and forgery.
Whether reasonable apprehension of tampering with witnesses or threat to complainant justifies bail.
1 provisions across 1 enactments
Deepu Singh
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
