Allowed
Jishan v. State of U.P.
Allahabad HCBAIL/12930/2018
Case brief
from the order text
What is this about?
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
What the court decided
AI extract
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
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Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12930 of 2018 Applicant :- Jishan Opposite Party :- State Of U.P. Counsel for Applicant :- Rupendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Counter affidavit has been filed by Shri Anil Pathak, learned A.G.A. for State today in the Court, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the record.
This bail application has been moved by the applicant Jishan , who is involved in Case Crime No. 718 of 2017, under Sections 392 & 411 I.P.C., Police Station- G.R.P., District Moradabad.
As per prosecution version, on 06.08.2017 informant Smriti Agarwal and her brother Sanchit were travelling from Moradabad to Kathgodam by Sampark Kranti Train. When the train was about to come on Katghar station then a person snatched the golden chain from the neck of informant Smriti Agarwal and jumped from the train.
It is contended by learned counsel for the applicant that the applicant has been falsely implicated in the present case. The applicant is not named in the F.I.R. After three months of the lodging of F.I.R., a forged recovery of metallic chain of yellow colour has been made upon the applicant. The applicant is involved in three more cases. Before this incident, the applicant has no criminal history. Applicant is languishing in jail since 21.11.2017.
Learned A.G.A. has opposed the prayer for bail.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
In view of above, the prayer so made is accepted and accordingly, the instant applicant is allowed.
Let the applicant Jishan be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Order Date :- 19.7.2018 Sharad/-
1 issue framed by the court
Whether the instant bail application is a fit case for enlarging the applicant on bail.
Jishan
Umesh Chandra Tripathi
As recorded by the court registry
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