Lalaram v. State of U.P.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18259 of 2019

Applicant :- Lalaram Opposite Party :- State Of U.P. Counsel for Applicant :- Farid Ahmed Counsel for Opposite Party :- G.A.

Hon'ble Ram Krishna Gautam,J.

By means of this application the applicant Lalaram has prayed to release him on bail in Case Crime No. 18 of 2019, u/s 395, 412 I.P.C., P.S. Gunnaur, District Sambhal.

Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.

Learned counsel for the applicant has argued that the applicant is innocent. He was granted bail in this very case crime number for offence punishable under Section 395 I.P.C. Subsequently, on the basis of confessional statement made by co-accused, he was implicated in Section 412 for alleged recovery of looted articles whereas no such recovery was there rather it was planted one and co-accused Sheoraj has been enlarged on bail in the same case crime number in Criminal Misc. Bail Application No. 14071 of 2019. He is of no criminal antecedents. Hence bail has been prayed for during trial.

Learned AGA has vehemently opposed the bail application.

Accused applicant was enlarged on bail for offence of dacoity under Section 395 I.P.C. Subsequently, on the basis of recovery of Rs. 15,000/-, alleged to be recovered from him. He has been implicated in this case under Section 412 of IPC. Co-accused has been enlarged on bail in the same case crime number. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.