Shueb v. State of U.P.
Case brief
What is this about?
This judgment allows the bail application of an accused falsely implicated in a cheating case. The court noted jail overcrowding during the pandemic and granted bail despite a prior rejection by the Sessions Court.
What did the court decide?
The applicant is released on bail by furnishing a personal bond and two sureties subject to conditions against tampering with evidence and influencing witnesses.
What the court decided
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17813 of 2021
Applicant :- Shueb Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Chandra Shekhar Mishra, learned counsel for the applicant and Sri Indra Prakash Srivastava, learned A.G.A. for the State.
A first information report was lodged against the applicant as Case Crime No.39 of 2021 at Police Station-Chandpur, District-Bijnor on 15.01.2021 under Sections 420, 411, 413, 414 IPC.
The bail application of the applicant was rejected by learned Additional Sessions Judge, Court No.1, Bijnor on 02.03.2021.
The applicant is in jail since 15.01.2021, pursuant to the said F.I.R.
Shri Chandra Shekhar Mishra, learned counsel for applicant contends that the applicant has been falsely implicated in the instant case. The recovered items were planted on the applicant to implicate him in the instant case and to show the proficiency of police investigators. There is no independent witness to the alleged recovery. Apart from the instant case, the applicant does not have
Issues for consideration
1 issue framed by the court
Whether the accused, who is falsely implicated and has no criminal history, is entitled to bail considering jail overcrowding during the pandemic.
Parties & counsel
- applicant
Shueb
Coram
Ajay Bhanot
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/17813/2021
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