Aakash v. State of U.P.
Case brief
What is this about?
This is a bail application under Sections 392 and 411 IPC. The court allowed the bail after noting the lack of independent witnesses, absence of identification parade, and the explanation of criminal history by the applicant.
What did the court decide?
Released on bail on executing a personal bond and furnishing two sureties each, subject to conditions against tampering, intimidating witnesses, and committing similar offences.
What the court decided
Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37703 of 2018
Applicant :- Aakash Opposite Party :- State Of U.P. Counsel for Applicant :- Ravindra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R was lodged against unknown person alleging that on 25.02.2017 Indica Vista Silver Colour Car No.DL 2C 8362 of the first informant was looted. During investigation, accused Jitu @ Jitendra and the applicant were arrested by the police and said car was recovered. They said that Pramod and Bhura were also indulged in the said crime.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is no independent witness. With regard to person and property, identification parade has not been conducted. Offences levelled against the applicant are not attracted in the present case. The applicant is languishing in jail since 09.03.2017( near about seven months), criminal history of four cases has been properly explained and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that criminal history has been explained.
Issues for consideration
2 issues framed by the court
Whether the applicant is eligible for bail given the period of custody and nature of allegations.
Whether the applicant will misuse bail liberty considering his criminal history has been explained.
Parties & counsel
- applicant
Aakash
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/37703/2018
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