Hon'ble Arvind Kumar Mishra-I,J. allowed bail to the applicant, Dhyan Singh, who was a passenger falsely implicated in a fake recovery case involving excise violations and forgery offenses, with no criminal history.
Released on bail by executing a personal bond and furnishing two sureties each to the satisfaction of the court concerned.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24852 of 2021
Applicant :- Dhyan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Dwivedi 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. 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. The applicant is basically a passenger. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 30.5.2021 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- Dhyan Singh involved in case crime no.402 of 2021, under Sections 60(1), 63 Excise Act and u/s 420, 467, 468, 470, 471 IPC, Police Station Kosi Kalan, district Mathura 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 :- 27.10.2021 Raj
2 issues framed by the court
Whether the bail application of the applicant, Dhyan Singh, should be allowed given the submissions regarding innocence and lack of absconding risk.
Whether reasonable apprehension of tampering with witnesses exists to justify granting bail.
Dhyan Singh
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
