sonu v. State of U.P.
Case brief
What is this about?
Criminal Bail Application where the applicant, accused under Sections 392 and 411 IPC, was granted bail on the basis of a prima facie satisfaction of the charge and reformative theory of punishment.
What did the court decide?
Released on bail on furnishing a personal bond with two sureties each.
What the court decided
Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4045 of 2018
Applicant :- Sonu Opposite Party :- State Of U.P. Counsel for Applicant :- Kuldeep Kumar
Hon'ble Vivek Kumar Singh,J.
Heard Sri Kuldeep Kumar, 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 by the informant due to quarrel. It is further submitted that applicant was not named in the first information report. It is further submitted that applicant is doing private work of electricity ad has not committed any offence as alleged by the prosecution. 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 17.09.2017. 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 reformative theory of punishment , the applicant is entitled to be released on bail in this case.
Issues for consideration
1 issue framed by the court
Whether an accused charged under Sections 392 and 411 IPC accused of being falsely implicated should be released on bail.
Parties & counsel
- applicant
Sonu
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/4045/2018
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