Javed v. State of U.P.
Case brief
What is this about?
Allowed bail application under sections 323, 504, 506, 452, 324, 308 IPC. Court granted relief based on prima facie satisfaction of bail requirements and reliance on Apex Court dictum without deciding merits.
What did the court decide?
Released on bail under sections 323, 504, 506, 452, 324, 308 IPC subject to personal bond and two sureties with specific conditions.
What the court decided
Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4574 of 2021
Applicant :- Javed Opposite Party :- State of U.P. Counsel for Applicant :- Sundeep Shukla Counsel for Opposite Party :- G.A.,Amit Rana
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the first information report of the alleged is delayed for which no explanation has been given, which itself falsify the prosecution story. It is further submitted that the injury sustained by the injured are simple in nature. It is further submitted that no incriminating article has been recovered from the possession of the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 28.11.2020. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. has vehemently opposed the prayer.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail given allegations of false implication and simplicity of injuries.
Parties & counsel
- applicant
Javed
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/4574/2021
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