Updesh v. State of U.P.
Case brief
What is this about?
The court allowed the bail application of Updesh, who was charged with dacoity and obtaining valuable by deception. Relying on Dataram Singh, the court found a case made for bail.
What did the court decide?
Release on bail by personal bond and two sureties subject to conditions regarding tampering and cooperation in trial.
What the court decided
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34529 of 2021
Applicant :- Updesh Opposite Party :- State of U.P. Counsel for Applicant :- Manish Kumar Singh,Shikher Trivedi Counsel for Opposite Party :- G.A.,Varun Kumar Srivastava
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, Sr Varun Kumar Srivastava, learned counsel for informant and learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.231 of 2019, under Sections 396 and 412 I.P.C., P.S. Pinahat, District Agra, during pendency of the trial.
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; the applicant is not named in the F.I.R., the name of applicant surfaced in the confessional statement of co-accused, namely, Vasudev and Indrapal, who have been granted bail by Coordinate Bench of this Court vide orders dated 26.02.2020 and 23.06.2021 passed in Crl. Misc. Bail application Nos.8693 of 2020 and 47237 of 2020, respectively and the alleged recovery of some ornaments has been shown on pointing out of coaccused; applicant has three cases of criminal history, which has been explained in para-25 of the bail application. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 23.01.2020 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail under Sections 396 and 412 IPC given his innocence claim and lack of involvement in the initial FIR.
Parties & counsel
- applicant
Updesh
- respondent
State of U.P.
Coram
Deepak Verma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/34529/2021
Similar cases
Judgements on the same questions, provisions and authorities, from every court