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Allahabad High Court · body

2015 DIGILAW 1532 (ALL)

Abdul Kalam Vishwas v. State of U. P.

2015-06-12

ARVIND KUMAR MISHRA I

body2015
JUDGMENT Arvind Kumar Mishra-I, J. Heard learned counsel for the applicant and the learned A.G.A. for the State. 2. Learned counsel for the applicant contends that in this case, name of the applicant came in the light in the statement of co-accused. There is no recovery against the applicant. The applicant is in jail since 28.11.2014. There is no previous criminal history against the applicant. 3. 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. 4. Let the applicant-Abdul Kalam Vishwas involved in Case Crime No.32 of 2014, under Sections 420, 467, 468, 471, I.P.C. 12 Passport Act and 14 A Foreign Act, Police Station Sarojini Nagar, district Lucknow be released on bail on his executing a personal bond of Rs.1 lac and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (1) The applicant will not tamper with the evidence during the trial. (2) The applicant will not pressurize/intimidate the prosecution witness. (3) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.