Vivek v. State of U.P.
Case brief
What is this about?
Criminal Misc. Bail Application filed by Vivek in connection with Case Crime No.201 of 2019 involving Sections 420, 406 I.P.C. Bail was allowed as it was found to be a fit case, subject to specific conditions.
What did the court decide?
Bail allowed; Applicant released on personal bond with two sureties; Conditions imposed against tampering with evidence, threatening witnesses, and re-offending.
What the court decided
Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30306 of 2019
Applicant :- Vivek Opposite Party :- State Of U.P. Counsel for Applicant :- Nagendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Vivek in connection with Case Crime No.201 of 2019, under Sections 420, 406 I.P.C., P.S. Bilsi, District Budaun.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that there is allegation in the first information report that Rs.60,000/- were taken by the four accused persons, including the applicant from three different persons. He further submitted that there is no evidence about taking of the money except oral evidence given by the complainant. He further submitted that the complainant, who is alleged to have given the money has given the money for an illegal cause. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 28.06.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Issues for consideration
3 issues framed by the court
Whether the present case is a fit case for granting bail to the applicant.
Whether the allegations against the applicant are supported by concrete evidence or are based solely on oral testimony.
What conditions should be imposed upon the grant of bail to the applicant.
Parties & counsel
- applicant
Vivek
Coram
Ajit Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/30306/2019
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