Avnish v. State of U.P.
Case brief
What is this about?
Court allowed bail to Avnish, a fair price shop-keeper charged under Sections 420, 467, 468, 471 IPC and Essential Commodities Act, after considering his claim of innocence and lack of reliable evidence against him.
What did the court decide?
Release on bail by executing personal bond and furnishing two sureties in the like amount.
What the court decided
Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6234 of 2019
Applicant :- Avnish Opposite Party :- State Of U.P. Counsel for Applicant :- Rajendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
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.
Applicant happens to be fair price shop-keeper and claims to be innocent and has been falsely implicated in this case. He has no role to play in the commission of the offence. No offence has been committed by the applicant. There is no credible evidence appearing against the applicant to connect him with the alleged offence. The allegations made in the F.I.R. is false and the applicant has no concern with the offence in question. He has not committed any irregularity in the distribution of food grains and the articles were correctly distributed among the ration card holders. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no previous criminal history and is languishing in jail since 06.11.2018. Under the similar circumstances co- accused Yogesh Kumar has been admitted to bail by this Court, copy whereof has been produced by learned counsel for the applicant, the same is taken on record.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail considering the facts and circumstances of the case.
Parties & counsel
- applicant
Avnish
Coram
Arvind Kumar Mishra-I
Judicial Magistrate
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/6234/2019
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