The single judge allowed the bail application of Chandrapal Saini under Sections 392, 411 IPC, noting the applicant's contention of non-implication and denial of recovery, despite prima facie case and witness tampering concerns.
Released on bail by executing a personal bond and furnishing two sureties each.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6228 of 2019
Applicant :- Chandrapal Saini@ Pandit Opposite Party :- State Of U.P. Counsel for Applicant :- Usha Srivastava,Shantanu Srivastava 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 not named in the FIR. He further submits 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. Nothing incriminating has been recovered from the possession of the applicant. Factum of recovery is denied. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. Criminal history of the applicant has been satisfactorily explained in paragraph no.2 to the supplementary affidavit filed in support of this bail application. The applicant is languishing in jail since 9.2.2018 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- Chandrapal Saini@ Pandit involved in case crime no.464 of 2017, under Sections 392, 411 IPC, Police Station Patwai, district Rampur 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 :- 13.2.2019/Raj
2 issues framed by the court
Whether bail can be granted to the applicant who claims not to be named in the FIR and denies involvement in the offence.
Whether there is reasonable apprehension of tampering with witnesses to justify refusal of bail.
1 provisions across 1 enactments
Chandrapal Saini@ Pandit
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
