Raju v. State of U.P.
Case brief
What is this about?
In a criminal bail application under Section 439 Cr.P.C., the court found the applicant to be a fit case for release on bail, subject to standard conditions regarding attendance, absence consequences, and cooperation with the trial.
What did the court decide?
Release of applicant on a personal bond and two sureties with specific conditions.
What the court decided
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5834 of 2021
Applicant :- Raju Opposite Party :- State of U.P. Counsel for Applicant :- Hans Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant and learned AGA for the State.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during the trial in Case Crime No. 221 of 2020, under Sections 420, 467, 468, 471 I.P.C at Police Station Kotwali Orai, District Jalaun.
It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further contended that applicant has neither submitted any forged I.D. nor he has made his signature over the agreement. It is also contended that role assigned to the applicant is that he is marginal witness of the agreement sell and marginal witness has no concern with sale consideration as he is not beneficiary. The applicant is languishing in jail since 01.03.2020 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
On the other hand, learned A.G.A. opposes the application for bail.
Issues for consideration
2 issues framed by the court
Whether the applicant is a fit case for bail during the trial.
What conditions precedent the granting of bail under Section 439 Cr.P.C.
Parties & counsel
- applicant
Raju
- respondent
State of U.P.
Coram
Shekhar Kumar Yadav
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/5834/2021
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