vinod v. State of U.P.
Case brief
What is this about?
Criminal Miscellaneous Bail Application where the applicant sought release on bail. The court granted bail, directing the execution of a personal bond with two sureties under specified conditions.
What did the court decide?
The applicant was released on bail upon execution of a personal bond with two sureties in like amount, subject to standard conditions.
What the court decided
Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3207 of 2018
Applicant :- Vinod Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard Sri M.K.Tripathi, learned counsel for the applicant and Sri Purshottam Maurya, 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 due to political pressure and he has committed no offence. It is next contended that false recovery of 200 cartoons of liquor has been shown against the applicant alongwith other co-accused, but there is no independent witness of the alleged recovery. It is pointed out that the applicant has criminal history of three cases, but he is on bail in all these cases, which has been properly explained in paragraph 11 of the affidavit filed in support of the bail application. It is further contended that other co-accused namely Janki, Lokesh Kumar, Jatanpal & Kallu @ Brijendra having similar role to that of the applicant have already been enlarged on bail by this Court on 12.12.2017, 19.12.2017, 7.2.2018 & 16.2.2018 respectively, copies of which have been produced by the applicant's counsel, which are taken on record, hence the applicant is also entitled to be released on bail on the ground of parity.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 9.11.2017.
Issues for consideration
2 issues framed by the court
Whether the applicant Vinod is entitled to bail in the criminal case alleging liquor trafficking and cheating.
Whether parity with co-accused on bail justifies the release of the applicant.
Parties & counsel
- applicant
Vinod
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/3207/2018
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