The court allowed a bail application for applicants Hoshiyar Singh and Arshad @ Mota Shahjad in a case involving Sections 395, 342, and 412 IPC, noting their absence in the FIR and lack of criminal history while ordering a personal bond and sureties.
Applicants 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. - 6565 of 2019
Applicant :- Hoshiyar Singh And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
Argument on behalf of the applicants has been extended to the effect that in this case, applicants are not named in the FIR. He further submits that the applicants are innocent and have been falsely implicated in this case. The applicants have no role to play in the commission of the offence. Nothing incriminating has been recovered from the possession of the applicants. Factum of recovery has not been supported by any independent public witness. In case, the applicants are admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicants have no criminal history and are languishing in jail since 7.5.2018 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 applicants- Hoshiyar Singh and Arshad @ Mota Shahjad- involved in case crime no.292 of 2018, under Sections 395, 342, 412 IPC, Police Station Jhinjhana, district Shamli be released on bail on their 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
Raj
2 issues framed by the court
Whether bail should be granted to applicants falsely implicated in a case under Sections 395, 342, and 412 IPC.
Whether the applicants have a reasonable apprehension of tampering with witnesses.
Hoshiyar Singh and Arshad @ Mota Shahjad
Arvind Kumar Mishra
I,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
