Arman v. State of U.P.
Case brief
What is this about?
The Court granted bail to the applicant Arman, accused under Sections 392 and 411 IPC, held at Aligarh, fixing sureties and conditions to ensure trial cooperation and prevent witness tampering.
What did the court decide?
Bail granted on personal bond with two sureties; conditions include continued attendance, no tampering with witnesses, and no illegal activities.
What the court decided
Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 631 of 2018
Applicant :- Arman Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. The recovery that has been shown is false and fabricated one. There is no independent witness of the alleged recovery. No identification parade was conducted. Co-accused Aslam has already been granted bail by this Court vide order dated 23.11.2017, passed in Criminal Misc. Bail Application No. 45476 of 2017. Applicant is languishing in jail since 19.09.2017 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.
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 the applicant, accused under Sections 392 and 411 IPC, is entitled to be released on bail.
Parties & counsel
- applicant
Arman
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/631/2018
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