In this bail application, the court released the applicant on bail, citing the prima facie case and reasonable apprehension of tampering with witnesses as grounds, without expressing an opinion on the merits of the accusation.
Release on bail on personal bond and two sureties in each case.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6233 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 a 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. The police has planted false recovery against the applicant. 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 by the applicant in paragraph no.2 to the supplementary affidavit filed in support of this bail application. The applicant is languishing in jail since 09.02.2018 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.921 of 2017, under Sections 379, 411 IPC, Police Station Civil Lines, 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
1 issue framed by the court
Whether to grant bail to the applicant accused under Sections 379, 411 IPC.
Chandrapal Saini @ Pandit
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
