Criminal Bail Application where the applicant alleged false implication despite having no prior criminal history. The single judge ordered bail subject to strict conditions regarding attendance and conduct.
The applicant is enlarged on bail by executing a personal bond and two sureties, subject to specific conditions regarding trial attendance and conduct.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4252 of 2021
Applicant :- Devendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Padmaker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case. Name of the applicant surfaced in the statement of all three coaccused, Rohit Singh, Satyam Singh Chauhan and Pankaj and it is only stated that along with one Bheem, they went to the residence of applicant. It is next submitted that applicant after completion of Law Graduation in 2018, he started practice in Civil Court, Auraiya and all co-accused met with him for legal work. He has no other relation with all the accused. Applicant has no criminal history and he is in jail since 21.10.2020, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Devendra Kumar , involved in Case Crime No. 577 of 2020, under Section- 364A I.P.C., Police Station- Akbarpur, District Kanpur Dehat, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court/Authority/Jail Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
This bail order would be subject to the fulfilment of following conditions:-
investigation or trial.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 27.1.2021
Arvind
1 issue framed by the court
Whether the applicant should be granted bail in the criminal case under Section 364A IPC.
5 provisions across 2 enactments
Devendra Kumar
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
