Hariom v. State of U.P.
Case brief
What is this about?
The High Court denied principles jurisdiction but permitted bail to Hariom involved in an offence under Sections 398, 401 IPC for preparation to commit robbery, directing furnishing of bonds and sureties.
What did the court decide?
Release of applicant on bail with personal bond and two sureties subject to standard conditions.
What the court decided
Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13502 of 2021
Applicant :- Hariom Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Khalid Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant(s), Hariom, who is involved in Case Crime No. 0032 of 2021, under Sections 398, 401 I.P.C. P.S.- Patiyali, DistrictKasganj.
Learned counsel for the applicant(s) in support of his prayer for bail submits that the applicant(s) is innocent and he has been falsely implicated in the present case. It is further submitted that the only allegation against the applicant and other co-accused is of preparing to commit robbery. Nothing incriminating article has been recovered from the possession of the applicant. The applicant has been languishing in jail since 30.01.2021 having no criminal antecedents.
Learned A.G.A. vehemently opposed the prayer for bail.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a case under Sections 398, 401 IPC involving preparation to commit robbery.
Whether the applicant's lack of criminal antecedents and claim of innocence justify granting bail.
Parties & counsel
- applicant
Hariom
- respondent
State of U.P.
Coram
Subhash Chand
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/13502/2021
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