Sajid v. State of U.P.
Case brief
What is this about?
This single-judge bail application was allowed. The court found that the case is triable by a Magistrate First Class and the alleged recovered amount is relatively small, concluding that a case for bail is made out.
What did the court decide?
The applicant Sajid was released on bail by furnishing a personal bond and two sureties in the like amount under specified conditions.
What the court decided
Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39399 of 2021
Applicant :- Sajid Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Pratap,Ajay Dubey 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. 165 of 2021 under Sections 380 and 411 I.P.C. registered at P.S.Bisrakh District- Gautam Budh Nagar.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. Applicant is not named in the F.I.R. Alleged recovery of Rs. 30,000/- and mobile phone is false. There is no evidence against the applicant. There is no public/independent eye-witness of the alleged recovery. He has explained criminal history in paragraph 10 of the Affidavit. Further submitted that the applicant is languishing in jail since 01.04.2021.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the facts as raised by the learned counsel for the applicant.
Issues for consideration
1 issue framed by the court
Whether bail should be granted to the applicant in connection with Case Crime No. 165 of 2021 under Sections 380 and 411 I.P.C.
Parties & counsel
- applicant
Sajid
Coram
Anil Kumar Ojha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/39399/2021
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