Santosh v. State of U.P.
Case brief
What is this about?
Court granted bail to Santosh in a criminal case involving Sections 392, 342, 411 IPC. The court recorded that it was a fit case for bail without adjudicating on the merits of the allegations or the evidence.
What did the court decide?
Accused Santosh released on bail on executing a personal bond and furnishing two sureties subject to standard bail conditions.
What the court decided
Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37210 of 2019
Applicant :- Santosh Opposite Party :- State Of U.P. Counsel for Applicant :- Ali Hasan,Deepak 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 Santosh in connection with Case Crime No.248 of 2019, under Sections 392, 342, 411 I.P.C., P.S. Sadar bazar, District Meerut.
It was alleged in the first information report that the applicant forcibly looted the complainant and taken the ATM Card of the complainant and withdrawn Rs.40,000/- from the account of the complainant. The first information report was lodged against some unknown persons.
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 applicant was apprehended on the information given by the police informer. He submitted that the alleged recovery shown from the applicant is totally fake and false. He further submitted that no proper identification parade was conducted by the police to ascertain the real culprits. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 21.06.2019 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
2 issues framed by the court
Whether the applicant is fit to be released on bail in a case involving alleged theft, culpable homicide, and intimidation.
Whether the allegations in the First Information Report justify the rejection of the bail application.
Parties & counsel
- applicant
Santosh
Coram
Ajit Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/37210/2019
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