Allowed

Gaurav v. State of U.P.

Allahabad HC21 Mar 2018BAIL/10593/2018

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 10593 of 2018, the Court granted bail to the applicant in a case under Sections 392, 342, and 506 IPC, subject to furnishing bonds and adhering to conditions regarding witness tampering and legal appearance.

What did the court decide?

Bail granted on personal bond with two sureties subject to conditions including attendance at trial and no witness tampering.

Gaurav Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10593 of 2018

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Applicant :- Gaurav Opposite Party :- State Of U.P. Counsel for Applicant :- Asheesh Kumar Tiwari,Amar Jeet Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.

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Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that the applicant was not named in the first information report. It is further submitted that the applicant has no concern with the alleged incident. It is further submitted that nothing incriminating has been recovered from the possession of the applicant and the recovery of Rs. 61,000/- is related to the applicant. It is further submitted that there is no identification parade has been conducted. It is further submitted that the coaccused Manoj having similar role has already been granted bail by the court below vide order dated 13.01.2016 in Bail Application No. 5422 of 2015. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 23.07.2015. The applicant has no other reported criminal antecedent.

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Learned A.G.A. opposed the prayer for bail.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.

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Without expressing any opinion on the merits of the case let the applicant Gaurav involved in Case Crime No. 156 of 2015, under Section 392, 342, 506 I.P.C., Police Station Babri, District Shamli be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 21.3.2018 Arti

Gaurav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gaurav v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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