Kale v. State of U.P.
Case brief
What is this about?
In a bail application under Section 379 IPC, the applicant alleged false implication due to absence of a public witness during recovery of motorcycles and sought release during trial. The single judge granted bail on personal bond and two sureties.
What did the court decide?
Released on bail on personal bond and two sureties subject to conditions of attendance and non-tampering.
What the court decided
Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25253 of 2019
Applicant :- Kale Opposite Party :- State Of U.P. Counsel for Applicant :- Suresh Chandra,Alok Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed on behalf of applicant in the Court today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 273 of 2019, under Section 379 I.P.C., P.S. Baghpat, district-Baghpat, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant was not named in the first information report. He is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. The applicant was arrested along with other co-accused and from their joint possession 11-12 motorcycles were recovered. There was no public witness of the alleged recovery. Further submission is that the offence is triable to the Court of Magistrate.
He lastly submitted that the applicant has no criminal history. He is languishing in jail since 6.5.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to be enlarged on bail during the pendency of the trial in a theft case.
Whether the lack of public witness in the recovery of stolen vehicles affects bail eligibility.
Parties & counsel
- applicant
Kale
Coram
Ajit Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/25253/2019
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