Allowed

Pushpendra @ Bhola v. State of U.P.

Allahabad HC16 Jul 2019BAIL/28160/2019

Case brief

AI extract

What is this about?

The court granted bail to Pushpendra @ Bhola in a case involving offences under Sections 395, 412 IPC and Section 15 D.A.A. The applicant alleged false implication and fabricated recovery by police. No opinion on merits was expressed; bail was allowed with standard conditions.

What did the court decide?

Applicant released on bail on executing personal bond and furnishing two sureties each.

Pushpendra @ Bhola 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. - 28160 of 2019

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Applicant :- Pushpendra @ Bhola Opposite Party :- State Of U.P. Counsel for Applicant :- Piyush Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Supplementary affidavit filed on behalf of applicant in the Court today is taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant who is involved in Case Crime No. 0346 of 2019, under Sections 395, 412 I.P.C. and Section 15 D.A.A, P.S. Sikandra, district-Agra, is seeking enlargement on bail during the trial.

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Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. The recovery which has been shown from the applicant's possession is totally false and the same was planted by the police. There is no public witness of the alleged recovery. No identification parade was conducted.

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He lastly submitted that the applicant has no criminal history. He has placed reliance in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22. The applicant is languishing in jail since 11.5.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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The prayer for bail has been vehemently opposed by learned A.G.A.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Pushpendra @ Bhola be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 0346 of 2019, under Sections 395, 412 I.P.C.

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and Section 15 D.A.A, P.S. Sikandra, district-Agra subject to the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 16.7.2019 Faridul

Pushpendra @ Bhola v. State of U.P.

Case brief

What is this about?

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Pushpendra @ Bhola v. State of U.P.

Case brief

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