Karan v. State of U.P.
Case brief
What is this about?
In this bail application, the High Court allowed the release of the accused-applicant Karan on bail. The court considered the severity of the charges, the applicant's detention, and the nature of the case without going into the merits.
What did the court decide?
Application allowed; applicant released on bail with a personal bond, two sureties, and specificundertakings.
What the court decided
Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47444 of 2019
Applicant :- Karan Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Naushad,Rajiv Sisodia Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No. 42 of 2019, under Sections 395 and 412 IPC, Police Station GRP, District Saharanpur, applied for bail.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case; applicant is not named in the FIR; only Adhar Card belongs to present case has been shown to be recovered from the possession of accused-applicant; there is no public witnesses. Accused-applicant is languishing in Jail since 06.05.2019. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail; due to heavy pendency of case, there is no possibility of early disposal of trial.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that on challenging them to surrender, accused-applicant along with other co-accused started firing on Police, when caught by Police, looted goods and material were recovered by Police. A robbery was reported by Informant-K. Kumar in the train, whereupon aforesaid case was registered in Police Station concerned.
Issues for consideration
1 issue framed by the court
Whether the accused applicant is entitled to bail despite allegations of false implication and heavy pendency of the trial.
Parties & counsel
- appellant
Karan
- respondent
State of U.P.
Coram
Rajendra Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/47444/2019
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