Prem v. State of U.P.
Case brief
What is this about?
Criminal Miscellaneous Bail Application filed by Prem accused under the Arms Act. Court allowed bail subject to personal bond and two sureties with strict conditions to prevent tampering and ensuring appearance in court.
What did the court decide?
Applicant released on bail with personal bond and two sureties subject to strict conditions regarding evidence tampering and court appearance.
What the court decided
Court No. - 13
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9044 of 2021
Applicant :- Prem Opposite Party :- State of U.P. Counsel for Applicant :- Anupam Rastogi Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The accused-applicant seeks bail in Case Crime No.0091 of 2021, under Section 3/5/25 Arms Act, Police Station Laharpur, District Sitapur.
Learned counsel for the applicant submits that the applicant has been falsely implicated by the police. He has no criminal history. He is languishing in jail since 23.2.2021. False recovery of country-made pistol, cartridges etc have been shown to which there is no public witness.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above.
I have considered the arguments advanced by learned counsel for the parties.
On due consideration to the arguments advanced by learned counsel for the parties, perusal of the record, and the facts that the applicant is in jail since 23.2.2021; the applicant has no criminal history; charge-sheet has been filed; without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail.
Issues for consideration
2 issues framed by the court
Whether the applicant is fit to be released on bail in the present circumstances.
Whether sufficient bond and undertakings are required to secure bail.
Parties & counsel
- applicant
Prem
Coram
Karunesh Singh Pawar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- /9044/2021
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