Pushpendra v. State of U.P.
Case brief
What is this about?
Criminal Misc. Bail Application allowed. The court held that without expressing opinion on merits, the case is fit for bail. Applicant to execute bond and furnish two sureties.
What did the court decide?
Release on bail execution of personal bond and furnishing two sureties subject to specified conditions.
What the court decided
Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4493 of 2018 Applicant :- Pushpendra Opposite Party :- State Of U.P. Counsel for Applicant :- Vinod Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the complaint was filed against the applicant alleging that one truck loaded with morum balu have recovered from the possession of the applicant.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; recovery which has been shown from the possession of the applicant is false and planted; there is no independent witness against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 05.01.2018 (more than one month) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Issues for consideration
1 issue framed by the court
Whether the applicant is eligible to be released on bail in the present criminal proceeding.
Parties & counsel
- applicant
Pushpendra
- respondent
State Of U.P.
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/4493/2018
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