In a bail application in a cheating case, the court observed that the applicant was not apprehended and no recovery was made. Finding a case for bail made out without commenting on the merits, the order allowed the application.
Release on bail on executing a personal bond and two reliable sureties each in the like amount.
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Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30368 of 2021
Applicant :- Raj Kumar Sharma @ Raju Rana Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Mohan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Raj Kumar Sharma @ Raju Rana, in Case Crime No. 30 of 2021, under Sections- 419 and 420 I.P.C. Police StationKaptanganj, District-Basti.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 11.02.2021; except confessional statement of the applicant, no evidence with regard to present offence is there; applicant has been falsely implicated in this very case crime number, which got registered against unknown persons; the alleged recovery is planted one with no independent public witness; criminal antecedents against the applicant were false implication by police; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail; hence bail has been prayed for.
Learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant was neither apprehended in the present case crime number nor there was any recovery of any incriminating material in the present case crime number.
Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Raj Kumar Sharma @ Raju Rana , involved in above mentioned case crime number be
released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 18.1.2022 Deepak/
2 issues framed by the court
Whether bail should be granted in a case under Sections 419 and 420 IPC where the applicant was not apprehended and no incriminating material was recovered by the police.
Whether the circumstances warrant release on bail subject to personal bond and sureties.
Raj Kumar Sharma @ Raju Rana
State of U.P.
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
