Allowed

Sunil @ Lala v. State of U.P.

Allahabad HC22 Jul 2019BAIL/29028/2019

Case brief

AI extract

What is this about?

Hon'ble Ajit Singh, J. allowed bail to the appellant, Sunil @ Lala, in a case involving theft under Sections 379, 411 IPC. The court found it a fit case for bail considering the arguments of false implication and reference to a Supreme Court judgment.

What did the court decide?

Release on bail on personal bond with two sureties, subject to conditions prohibiting tampering with evidence, threatening witnesses, and committing similar offenses.

Sunil @ Lala 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. - 29028 of 2019

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Applicant :- Sunil @ Lala Opposite Party :- State Of U.P. Counsel for Applicant :- Suresh Chandra,Alok Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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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. 273 of 2019, under Sections 379, 411 IPC, P.S. Baghpat, District Baghpat.

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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 was not named in the FIR. He further submitted that the applicant was arrested alongwith other co-accused and from their joint possession 11 motorcycles were recovered. He further submitted that there is no public witness of the alleged recovery. Offence is triable by the Magistrate. He further submitted that the co-accused Kale similar role, has already been enlarged on bail vide order dated 16.7.2019 passed by this Court in Criminal Misc. Bail Application No. 25253 of 2019. Lastly, he submitted that the applicant is languishing in jail since 5.5.2019 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 and considering the judgment of Apex Court in the case of Data Ram Vs. State of U.P. and others reported in 2018(3) SCC 22 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 Sunil @ Lala 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 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 :- 22.7.2019 Mini

Sunil @ Lala v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sunil @ Lala v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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