Kuldeep v. State of U.P.
Case brief
What is this about?
Bail application filed by Kuldeep in a criminal case involving Sections 457, 380, and 411 IPC. Applicant alleged false implicity with planted evidence and coercion. Court allowed bail without observing merits.
What did the court decide?
Applicant released on bail by furnishing personal bond and two sureties subject to specific conditions.
What the court decided
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11087 of 2022
Applicant :- Kuldeep Opposite Party :- State of U.P. Counsel for Applicant :- Onkar Nath Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application, the applicant has prayed to be enlarged on bail in Case Crime No. 48 of 2021 at Police Station-Jasrathpur, District-Etah under Sections 457, 380, 411 I.P.C. The applicant is in jail since 16.09.2021.
The bail application of the applicant was rejected by learned Sessions Judge, Etah on 17.02.2022.
Shri Onkar Nath, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. A country made pistol, Rs. 120/cash and some small jewellery articles were planted on the applicant to frame him in the instant case to show proficiency of the police investigators. Even as per the prosecution case set out in the F.I.R. items were recovered "at the pointing out of the applicant". The pointing out was made while the applicant was in the police custody. Insofar as the applicant is concerned, the pointing out was extracted by coercion and made under duress. There is no independent witness to the recovery. Prosecution evidence does not connect the
applicant with the offence.
Issues for consideration
1 issue framed by the court
Whether applicant is entitled to bail given allegations of false implication and lack of independent witness to recovery?
Parties & counsel
- applicant
Kuldeep
- respondent
State of U.P.
Coram
Ajay Bhanot
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/11087/2022
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