Praveen v. State of U.P.
Case brief
What is this about?
This bail application was filed by Praveen for offences under Sections 406, 420, 467, 468, 471, and 411 IPC. The court allowed the application, finding it a fit case for bail despite the gravity of allegations.
What did the court decide?
Released on bail with personal bond and two sureties, subject to conditions against tampering, threatening witnesses, and committing similar offences.
What the court decided
Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24310 of 2019
Applicant :- Praveen Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Learned A.G.A. has filed counter affidavit today, which is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant Praveen in connection with Case Crime No. 727 of 2019, under Sections 406, 420, 467, 468, 471, 411 IPC, P.S. Kavinagar, District Ghaziabad.
The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case. He further submitted incident had taken place on 04.04.2019, and FIR was lodged after 5 days of the incident i.e. on 07.04.2019 and the recovery is alleged to have been made on 28.04.2019. It is next submitted that there is no independent witness at the time of recovery. Offence is triable by the Magistrate. There is no criminal history of the applicant. He further submitted that coaccused- Omveer has already been enlarged on bail vide order dated 27.06.2019 passed by the another Bench of this Court in Criminal Misc. Bail Application No. 25153 of 2019. Lastly he submitted that the applicant is languishing in jail since 28.04.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Issues for consideration
1 issue framed by the court
Whether the applicant is eligible for bail given the severity of the offences under IPC and the delay in filing the FIR.
Parties & counsel
- applicant
Praveen
Coram
Ajit Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/24310/2019
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