Harish v. State of U.P.
Case brief
What is this about?
Single judge permitted bail to Harish in a criminal case involving sections 420, 406, 467 IPC, considering jail overcrowding and prima facie satisfaction regarding the charge.
What did the court decide?
Order in favour of release on bail on furnishing personal bond and two heavy sureties with strict conditions to avoid tampering with witnesses.
What the court decided
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20238 of 2021
Applicant :- Harish Opposite Party :- State of U.P. Counsel for Applicant :- Anay Kumar Srivastava,Samir Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard 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 only for the harassment. It is next contended that the applicant has nothing to do even in the self help group of co-accused and she was exclusively running her self help group and applicant has no idea or interference with the functioning of self help group of co-accused. 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 10.07.2019. Criminal history of the applicant has been duly explained in paragraph no. 16 and 17 of the affidavit accompanying the bail application.
Learned A.G.A. has vehemently opposed the prayer.
Issues for consideration
1 issue framed by the court
Whether bail should be granted to the applicant who claims false implication and is languishing in jail.
Parties & counsel
- applicant
Harish
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/20238/2021
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