Sonu v. State of U.P.
Case brief
What is this about?
The court granted bail to the applicant in a case under Sections 392 and 411 IPC. Bail was allowed on a personal bond without sureties initially, with a directive to furnish sureties within a month after normal court functioning resumed.
What did the court decide?
Released on bail on a personal bond without sureties temporarily, with a direction to furnish two sureties within a month after court functions are restored.
What the court decided
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9804 of 2021
Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
The applicant seeks bail in Case Crime No. 633 of 2020, under Sections 392, 411 IPC at Police Station Anupshahr, District Bulandshahar.
Contention of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. He further submitted that applicant was not named in the FIR, his name came into light during the course of investigation. He next submitted that initially FIR was lodged under Section 392 IPC and thereafter Section 411 IPC was also added. No incriminating article has been recovered from the possession of the applicant. There is no identification of alleged Rs. 2500/-. There is no independent witness of the alleged recovery. Applicant has no criminal history, as mentioned in paragraph no.21 of the bail application. The applicant is languishing in jail since 17.12.2020 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in the facts and circumstances of the case without commenting on merits.
Whether to impose additional conditions on bail due to extraordinary circumstances affecting court functioning.
Parties & counsel
- applicant
Sonu
Coram
Shekhar Kumar Yadav
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/9804/2021
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