Naim v. State of U.P.
Case brief
What is this about?
In a bail application regarding a cheating case, the High Court found it to be a fit case for bail considering the gravity of the offence, severity of punishment, and circumstances, despite not expressing an opinion on the merits.
What did the court decide?
Applicant released on bail subject to personal bond, two sureties, and conditions against tampering with evidence, threatening witnesses, and committing further offences.
What the court decided
Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26696 of 2019
Applicant :- Naim Opposite Party :- State Of U.P. Counsel for Applicant :- Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 229 of 2018, under Section 420 IPC, P.S. Baniyather, District Sambhal.
The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case due to malafide intention. He further submitted that the applicant has charged only under Section 420 IPC. He further submitted that applicant has not committed any offence. Offence is triable by the Magistrate. Lastly, he submitted that the applicant has no previous criminal history and he is languishing in jail since 12.3.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA has opposed the bail plea.
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.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail under Section 420 IPC having been falsely implicated with malafide intention?
Whether the conditions of personal bond and two sureties are appropriate for release?
Parties & counsel
- applicant
Naim
Coram
Ajit Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/26696/2019
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