Deepu v. State of U.P.
Case brief
What is this about?
The court allowed bail to the applicant in a robbery case involving recovered gold and cash, noting allegations of false implication and lack of independent witnesses to the recovery, while factoring in jail overcrowding.
What did the court decide?
Release on bail on furnishing a personal bond and two sureties each with specific conditions against tampering and influencing witnesses.
What the court decided
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40481 of 2021
Applicant :- Deepu Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Rajeev Kumar Tiwari, learned counsel for the applicant, and learned AGA for the State.
A first information report was lodged as Case Crime No.168 of 2021 at Police Station-Kamla Nagar, District-Agra under Sections 395, 397, 412, 120B, 216A I.P.C.
The bail application of the applicant was rejected by learned Additional District and Sessions Judge, Agra, on 27.08.2021.
The applicant is in jail since 11.08.2021, pursuant to the said F.I.R.
Shri Rajeev Kumar Tiwari, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. As per the prosecution case gold bangle, ring and Rs. 410/- were recovered from the applicant. Recovered items were planted on the person of the applicant to frame him in the instant case to show proficiency of police investigators. There is no independent witness or public witness to the alleged recovery. The gold bangle and ring allegedly recovered belong to the mother of the applicant. They are of a small value. The recovery does not in any manner support the prosecution case set out in the F.I.R. Apart from the instant case, the applicant does not have any criminal history. Learned counsel for the applicant claims congruency in role with co-accused person and seeks
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail having been falsely implicated and considering jail overcrowding during the pandemic.
Parties & counsel
- applicant
Deepu
Coram
Ajay Bhanot
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/40481/2021
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