Radha v. State of U.P.
Case brief
What is this about?
The High Court granted bail to Radha in a criminal case alleging false implication. Options were released on a personal bond and sureties subject to standard conditions including attendance at trial and non-interference with witnesses.
What did the court decide?
Applicant released on bail by furnishing a personal bond and two sureties in the like amount.
What the court decided
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10342 of 2021
Applicant :- Radha Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Kumar Tiwari,Anuj Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA -I, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that applicant is neither do any help to Rahul nor concerned with the present case, even then neither any evidence has been found for doing help to Rahul, but the police has not traced the Rahul and being sister her name has wrongly dragged in the present case and sent to jail, which is not permission in the eyes of law, the said fact has been mentioned in para 10 to the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required. It has also been submitted that the applicant is a lady and languishing in jail since 02.01.2021. It has been pointed out that the applicant has no criminal history.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail on the grounds that she was falsely implicated, is a woman, has no criminal history, and cooperates with the investigation.
Whether the reformative theory of punishment and Article 21 support the grant of bail in this specific case without a full merits opinion.
Parties & counsel
- applicant
Radha
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/10342/2021
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