Abdul Kadir v. State of U.P.
Case brief
What is this about?
Section 80 Criminal Miscellaneous Bail Application allowed allowing Abdul Kadir bail in theft case pending trial with conditional bond and sureties.
What did the court decide?
Release of applicant Abdul Kadir on bail on executing personal bond and furnishing two sureties.
What the court decided
Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36576 of 2019
Applicant :- Abdul Kadir Opposite Party :- State Of U.P. Counsel for Applicant :- Gaurav Kumar Srivastava 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 Abdul Kadir in connection with Case Crime No.786 of 2019, under Sections 379, 411 I.P.C., P.S. Kotwali Nagar, District Muzaffarnagar.
As per the allegations made in the first information report that the applicant was caught red handed when he had stolen Rs.20,000/from the pocket of the complainant along with two other co-accused persons and Rs.2,000/- were found from the possession of the applicant.
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 the alleged recovery shown from the possession of the applicant is totally fake and false. He further submitted that there is no public witness of the alleged recovery. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 11.08.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail in a case of theft under Sections 379 and 411 IPC.
Parties & counsel
- applicant
Abdul Kadir
Coram
Ajit Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/36576/2019
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