Gaurav v. State of U.P.
Case brief
What is this about?
In bail application challenging arrest/false implication, High Court of Allahabad granted bail with personal bond and sureties, imposing conditions to ensure trial attendance and preventing abuse of liberty.
What did the court decide?
Released on bail on personal bond and two sureties, subject to conditions regarding trial attendance and abuse of bail.
What the court decided
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21364 of 2021 Applicant :- Gaurav Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Kumar Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard Sri Virendra Kumar Jaiswal, learned counsel for the applicant, learned AGA for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.301 of 2021, under Sections 392, 411, 482 IPC, Police Station Vijay Nagar, District Ghaziabad.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. From the possession of the applicant, one mobile phone has been recovered, which is false and fabricated. There is no independent witness of the alleged recovery. The applicant is having no previous criminal history and in case he is released on bail, he will not misuse the liberty of bail. The applicant is in jail since 19.03.2021.
On the other hand, learned A.G.A. opposes the application for bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage 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 a fit case for bail under Section 439 Cr.P.C.
What conditions should be imposed on the applicant for release on bail.
Parties & counsel
- applicant
Gaurav
- respondent
State of U.P.
Coram
Shekhar Kumar Yadav
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/21364/2021
Similar cases
Judgements on the same questions, provisions and authorities, from every court