Smt. Hemi v. State of U.P.
Case brief
What is this about?
In a criminal bail application under IPC Sections 379 and 411, the court released the applicant on bail by personal bond and two sureties without expressing an opinion on the merits of the charge.
What did the court decide?
Release of the applicant on bail on furnishing a personal bond and two sureties to the satisfaction of the court.
What the court decided
Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21430 of 2018
Applicant :- Smt. Hemi Opposite Party :- State Of U.P. Counsel for Applicant :- Arun Kumar Vishvakarma Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Smt. Hemi with a prayer to release him on bail in Case Crime No. 160 of 2018, under Sections 379 and 411 IPC Police Station Etmadpur, District- Agra during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. There is no independent witness to support the prosecution version. The applicant is languishing in jail since 27.04.2018. She does not have any criminal history to her credit except the present false and fabricated case. In case, the applicant is released on bail, she will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, she does not deserves any indulgence. In case the applicant is released on bail she will again indulge in similar activities and will misuse the liberty of bail.
Issues for consideration
2 issues framed by the court
Whether to grant bail to the applicant in the pending trial of a criminal case alleging theft and dishonestly taking possession of property.
Whether to grant bail in a case where the applicant claims innocence and alleges false implication with no prior criminal history.
Parties & counsel
- applicant
Hemi
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/21430/2018
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