Kamil v. State of U.P.
Case brief
What is this about?
Allowed a bail application under Sections 382, 411, 34 I.P.C. and released the applicant on personal bond and sureties subject to specific conditions, invoking Article 21 and Dataram Singh.
What did the court decide?
Applicant released on bail on personal bond and two sureties subject to specified conditions.
What the court decided
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35723 of 2020
Applicant :- Kamil Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Order on Criminal Misc. Exemption Application
This exemption application is allowed.
Order on Criminal Misc. Bail Application
The instant bail application has been filed on behalf of the applicant, Kamil, with a prayer to release him on bail in Case Crime No. 241 of 2020 under Sections 382, 411, 34 I.P.C., Police Station- Garmukteshwar, District- Hapur, during pendency of trial.
There is allegation in the F.I.R. regarding theft of Rs. 28,000/and 4 cartons of country-made liquor. There is allegation against 4 unknown accused persons in the F.I.R. Learned counsel for the applicant has submitted that applicant was not named in the F.I.R. He has been named by co-accused Furkan and Umar. Recovery of Rs. 4,000/- has been made from the applicant but there is no public witness of the same. No test identification parade was conducted. The applicant has criminal history of six cases explained in paragraph no. 15 of the affidavit filed in support of the bail application. He is in jail since 24.09.2020.
Issues for consideration
1 issue framed by the court
Whether the applicant, who is in custody since 24.09.2020 and has a criminal history, should be released on bail during the pendency of the trial.
Parties & counsel
- applicant
Kamil
- respondent
State of U.P.
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/35723/2020
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