Allowed

Sohan Lal v. State of U.P.

Allahabad HC11 Jan 2019BAIL/41647/2018

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by Sohan Lal in a criminal case involving offences under Sections 394, 411 IPC, holding that he is entitled to release despite the nature of accusation, considering the severity of punishment, reasonable apprehension, and lack of prior criminal history. Bail granted with two sureties.

What did the court decide?

Allowed bail on executing personal bond and furnishing two sureties.

Sohan Lal Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41647 of 2018

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Applicant :- Sohan Lal Opposite Party :- State Of U.P. Counsel for Applicant :- Subhash Chand Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.

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Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The applicant is not named in the first information report. The police after arresting the applicant has slapped false cases against him. Nothing incriminating has been recovered from possession of the applicant. Factum of recovery is denied. Offence alleged is triable by the Magistrate Ist Class. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any previous criminal history and is languishing in jail since 19.07.2018.

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Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.

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Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.

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Let the applicant Sohan Lal involved in Case Crime No.436 of 2018, under Sections 394, 411 I.P.C., Police Station Govardhan, District Mathura 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.

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Order Date :- 11.1.2019

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Sohan Lal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sohan Lal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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