Aftab v. State of U.P.
Case brief
What is this about?
Granting bail to an applicant accused under sections 395 and 412 IPC who claimed false implication and lack of identification parade, subject to personal bond and undertakings.
What did the court decide?
Released on bail on personal bond with two sureties subject to conditions of cooperation and non-tampering.
What the court decided
Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1582 of 2018
Applicant :- Aftab Opposite Party :- State Of U.P. Counsel for Applicant :- Sudhir Kumar,Jitendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Ms. Poonam Singh Sengar, learned A.G.A. appearing for the State.
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 applicant was not named in the first information report. It is further submitted that nothing has been recovered from the possession of the applicant and a false recovery has been shown from the possession of the applicant, which is planted. It is further submitted that there is no identification parade has been conducted. 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 08.10.2017.
Learned A.G.A. opposed the prayer for bail.
Issues for consideration
2 issues framed by the court
Whether to grant bail to the applicant charged under Sections 395 and 412 IPC in a false implication case.
Whether the applicant is entitled to be released on bail despite allegations of false implication and tampering of evidence.
Parties & counsel
- applicant
Aftab
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/1582/2018
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