Ramesh v. State of U.P.
Case brief
What is this about?
Single judge granted bail to Ramesh accused of cheating and theft. Relied on pandemic jail overcrowding and prima facie evidence doubts without expressing ultimate merit opinion.
What did the court decide?
Released on bail on personal bond and two sureties subject to conditions of co-operation and non-tampering.
What the court decided
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18310 of 2021
Applicant :- Ramesh Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Abhishek Singh, learned counsel holding brief Akhilesh Kumar, learned counsel for the applicant, learned AGA, 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 the first information report of the alleged incident is much delayed for which no explanation has been given, which itself falsify the prosecution story. It is further submitted that no incriminating article has been recovered from the possession or pointing out of the applicant. 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 he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 21.2.2021. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. has vehemently opposed the prayer.
Issues for consideration
1 issue framed by the court
Whether bail should be granted to an applicant accused under Sections 420, 379, 411 IPC pending trial?
Parties & counsel
- applicant
Ramesh
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/18310/2021
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