Rajeev v. State of U.P.
Case brief
What is this about?
Single judge court granted bail to applicant Rajeev implicated in kidnapping and cheating offences, noting identical case profile to a co-accused previously granted bail.
What did the court decide?
Request for bail allowed; applicant released on personal bond and two sureties subject to standard conditions of bail.
What the court decided
Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38424 of 2018
Applicant :- Rajeev Opposite Party :- State Of U.P. Counsel for Applicant :- Gauri Shanker Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Learned counsel for the applicant is permitted to make necessary correction in the memo of bail application.
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 persons alleging that on 6.6.2018 some unknown persons kidnapped the son of complainant Danveer. During investigation, it was found that Danveer (complainant) Mamata, Rajeev and Rameshwar were indulged in this crime.
It is submitted by learned counsel for the applicant that coaccused namely Danveer has already been granted bail by co-ordinate Bench of this Court vide order dated 25.9.2018 in Criminal Misc. Bail Application No. 36111 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. Applicant was not named in the F.I.R. Applicant is the driver of Danveer. He has no concerned with said offence. There is no independent witness against the applicant. He is languishing in jail since 7.6.2018 (near about four months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Issues for consideration
1 issue framed by the court
Whether applicant is entitled to bail given co-accused was granted bail and applicant has no criminal history.
Parties & counsel
- applicant
Rajeev
- respondent
State Of U.P.
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/38424/2018
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