Allowed

Kamal Agarwal v. State of U.P.

Allahabad HC29 Jan 2021BAIL/5305/2021

Case brief

AI extract

What is this about?

The Court admitted the applicant to bail in a criminal case involving Sections 411/120B/34 IPC. The judge considered the doubling of charges via recovery of a mobile phone but granted bail upon security furnished by the applicant. The bail order is available on the official website of the High Court.

What did the court decide?

Applicant admitted to bail upon furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.

Kamal Agarwal Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5305 of 2021

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Applicant :- Kamal Agarwal Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Afzal Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Kumar,J.

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Heard learned counsel for the applicant and learned Additional Government Advocate for the State

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The applicant is seeking bail in connection with case crime no. 176 of 2019, under Sections 411/120B/34 IPC, P.S. Akrabad, District Aligarh.

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It is argued on behalf of the applicant that initially first information report was lodged under Section 302 and 394 IPC arising out of case crime no. 176 of 2019, in which applicant has already been enlarged on bail vide order dated 7th January, 2021 passed in Crl. Misc. Bail Application No. 57222 of 2019. Now it is argued that on the basis of recovery of mobile phone, the applicant has come to be implicated with addition of Sections 120B/34 and 411 IPC while submitting the chargesheet. It is further submitted that in so far as recovery of the mobile phone is concerned, that was already considered by this Court while granting bail in main sections in which first information report was initially lodged. It is also argued that there is no criminal history to the credit of the applicant and he is in jail since 07.07.2019.

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Learned AGA has opposed the bail but could not dispute the aforesaid facts.

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In view of overall facts and circumstance of the case, the Court is of the opinion that the applicant is entitled to be admitted to bail.

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Accordingly, applicant namely, Kamal Agarwal is admitted to bail in the aforesaid case and he shall be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned

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It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before the court concerned as soon as it is issued.

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It is further directed that the applicant shall not misuse the liberty of bail and shall cooperate with the police/ investigating agency/ trial as the case may be.

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In view of the aforesaid, the bail application stands disposed of.

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Order Date :- 29.1.2021 Sanjeev

Kamal Agarwal v. State of U.P.

Case brief

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Kamal Agarwal v. State of U.P.

Case brief

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