Anupam v. State of U.P.
Case brief
What is this about?
Criminal Misc. Bail Application where the Court, considering jail overcrowding and lack of criminal antecedent, released the applicant on bail with sureties, strictly limiting observations to the bail disposal.
What did the court decide?
Applicant released on bail by executing personal bond and two sureties to the satisfaction of the court.
What the court decided
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6722 of 2021
Applicant :- Anupam Opposite Party :- State of U.P. Counsel for Applicant :- Lal Mani Counsel for Opposite Party :- G.A.,Jitendra Singh
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case due to ulterior motive. She is innocent and has no criminal antecedent. It is further submitted that there are general allegations and a concocted and false story has been set up by the prosecution whereas the applicant did not commit any offence as alleged. 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 have also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required. The applicant is languishing in jail since 17.10.2020. She undertakes that she will not misuse the liberty, if granted, therefore, she may be released on bail.
Learned counsel appearing for the opposite party vehemently opposed the prayer.
Issues for consideration
3 issues framed by the court
Whether the applicant, charged under Section 307 IPC, should be released on bail amidst jail overcrowding allegations.
Whether the provisions regarding personal bond and sureties in the bail order are satisfied.
Whether the observations in this bail order affect the ultimate merits of the underlying case.
Parties & counsel
- applicant
Anupam
- respondent
State of U.P.
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/6722/2021
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