Saurabh v. State of U.P.
Case brief
What is this about?
This judgment grants bail to the applicant in a criminal case involving attempted robbery and criminal breach of trust. The court emphasized the severity of punishment and prima facie satisfaction regarding the charge.
What did the court decide?
The applicant Saurabh was released on bail to furnish a personal bond with two sureties.
What the court decided
Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2929 of 2018
Applicant :- Saurabh Opposite Party :- State Of U.P. Counsel for Applicant :- Mr Manoj Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Manoj Kumar Tiwari, learned counsel for the applicant and Sri Ravi Singh Parihar, 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 applicant that nothing has been recovered from the possession of the applicant. 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 06.06.2017. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
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 and the applicant is entitled to be released on bail in this case.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail despite the severity of punishment and prima facie evidence supporting the charge.
Parties & counsel
- applicant
Saurabh
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/2929/2018
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