Anas v. State of U.P.
Case brief
What is this about?
The Court allowed a bail application filed under Section 439 Cr.P.C., holding that a case for bail was made out. The applicant was released on furnishing a personal bond and two sureties.
What did the court decide?
Requested to be released on bail on furnishing a personal bond and two sureties in the like amount to the satisfaction of the court.
What the court decided
Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39351 of 2021
Applicant :- Anas Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar,Manish Kumar Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 614 of 2021 under Sections 419, 420, 467, 468 and 471 I.P.C. registered at P.S.- Civil Lines, District- Moradabad.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. Delay in lodging the F.I.R. has not been explained. Applicant has no criminal antecedents except the present case. Applicant has neither committed the forgery nor manupulated the adhar-card nor taken any scholarship of the students. Alleged recovery of adhar-cards from the possession of applicant is false. There is no eye-witness of the alleged recovery. There is no independent witness of the present case. Co-accused, Hassan has been granted bail by coordinate Bench of this Court in Crl. Misc. Bail Application No. 35362 of 2021 on 29.09.2021 and case of the applicant is at par with the case of co-accused, who has been granted bail. Further submitted that the applicant is languishing in jail since 19.07.2021.
Issues for consideration
3 issues framed by the court
Whether the application for bail under Section 439 Cr.P.C. deserves to be allowed in the facts and circumstances of the case.
Whether parity exists with the co-accused who was granted bail in a coordinate bench.
Whether a case for bail is made out in an IPC cheating and forgery case.
Parties & counsel
- applicant
Anas
Coram
Anil Kumar Ojha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/39351/2021
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