The single judge allowed bail for an applicant falsely implicated in cattle theft and forgery, based on a prima facie case and reasonable apprehension of tampering, without expressing an opinion on merits.
Released on bail on personal bond and furnishing two sureties each.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6675 of 2019
Applicant :- Gaya Prasad @ Gaya Lal Opposite Party :- State Of U.P. Counsel for Applicant :- Brij Bhushan Prasad Shrivastava
Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
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 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 has not been supported by any independent public witness. 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 nos.8 to 10 to the affidavit filed in support of this bail application. The applicant is languishing in jail since 12.12.2018 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- Gaya Prasad @ Gaya Lal involved in case crime no.851 of 2018, under Sections 420, 467, 468, 411, 414 IPC, Police Station Sikandrarau, district Hathras 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 with the following conditions:-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.
Order Date :- 15.2.2019
Raj
1 issue framed by the court
Whether bail should be granted in the maintenance of public justice and safety.
Gaya Prasad @ Gaya Lal
Arvind Kumar Mishra
As recorded by the court registry
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