Meharban v. State of U.P.
Case brief
What is this about?
In a bail application, the court allowed the release of the appellant on personal bond with two sureties, citing no incriminating recovery and no role in the offence as grounds for granting bail.
What did the court decide?
Applicant released on bail on executing personal bond and furnishing two sureties.
What the court decided
Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4451 of 2019
Applicant :- Meharban Opposite Party :- State Of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is not named in the FIR. He further submits that the applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. The police has planted false recovery against the applicant. Nothing incriminating has been recovered from the possession of the applicant. Factum of recovery is denied. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 7.12.2018 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the applicant who was not named in the FIR but was falsely implicated.
Whether the severity of punishment and reasonable apprehension of tampering with witnesses warrant refusal of bail.
Parties & counsel
- appellant
Meharban
- respondent
State Of U.P.
Coram
Arvind Kumar Mishra-I,J.
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/4451/2019
Similar cases
Judgements on the same questions, provisions and authorities, from every court