In a bail application, the court granted release on bail to the applicant, citing a reasonable apprehension of witness tampering due to the nature of the accusation and prima facie case, despite the applicant's claim of non-implication in the FIR.
Released on bail upon executing a personal bond and furnishing two sureties.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6837 of 2019
Applicant :- Arjun Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar 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 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.15 to the affidavit filed in support of this bail application. The applicant is languishing in jail since 26.09.2017 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- Arjun involved in case crime no.150 of 2017, under Sections 392, 411 IPC, Police Station Ahmadgarh, district Bulandshahar 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 :- 18.2.2019
Raj
1 issue framed by the court
Whether bail should be granted to the applicant who is not named in the FIR but has been implicated in a case involving robbery and cheating.
Arjun
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
