The single judge allowed the bail application of Hemant Kumar, an accused in a grievous hurt and criminal intimidation case, observing the absence of credible evidence or public eye-witness and reasonable apprehension of tampering.
Release of applicant Hemant Kumar on bail on executing a personal bond and furnishing two sureties.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6543 of 2019
Applicant :- Hemant Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Pradeep Kumar Sharma 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. No offence has been committed by the applicant. The police has planted false recovery against the applicant. There is no credible evidence appearing against the applicant to connect him with the alleged offence. There is no independent public eye witness to the incident. 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 criminal history and is languishing in jail since 28.9.2018.
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 - Hemant Kumar involved in Case Crime No. 378 of 2018, under Sections - 395, 506, 412 I.P.C., Police Station - Meerganj, District - Bareilly 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 :- 14.2.2019 S Rawat
1 issue framed by the court
Whether the application for bail should be allowed in light of the applicant's innocence and lack of credible evidence against him.
Hemant Kumar
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
