Allowed

Deepak v. State of U.P.

Allahabad HC8 Jul 2019BAIL/21280/2019

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 21280 of 2019, the High Court allowed the bail plea of Deepak charged under Sections 380, 454, and 411 IPC. The Court held it a fit case for bail, releasing the applicant on a personal bond and two sureties.

What did the court decide?

Released on bail on personal bond and two sureties subject to conditions not to tamper with evidence, threaten witnesses, or commit similar offences.

Deepak Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21280 of 2019

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Applicant :- Deepak Opposite Party :- State Of U.P. Counsel for Applicant :- Rishi Kant Rai,Sriprakash Rai Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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This is a bail application on behalf of the applicant in connection with Case Crime No.736 of 2018, under Sections 380, 454, 411 IPC, P.S. Garh Mukteshwar, District Hapur.

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The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case and he has not named in the FIR. He further submitted that nothing incriminating has been recovered from the possession of the present applicant. He further submitted that the alleged recovery was planted and money allegedly shown to be recovered was of the applicant himself. He further submitted that Offence is triable by the Magistrate. He further submitted that the criminal history of the applicant has been properly explained in paragraph 4 of the supplementary affidavit. Lastly, he submitted that the applicant is languishing in jail since 28.12.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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Learned AGA has opposed the bail plea.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed .

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Let the applicant Deepak be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as

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to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 8.7.2019 Mini

Deepak v. State of U.P.

Case brief

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Deepak v. State of U.P.

Case brief

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