Abid v. State of U.P.
Case brief
What is this about?
This judgment allowed a bail application filed by Abid in a case involving cheating and extortion. The court found merit in the submissions regarding false implication and lack of evidence, ordering the release on bail with specific conditions.
What did the court decide?
The applicant Abid to be released on bail on furnishing a personal bond and two sureties, subject to specific conditions.
What the court decided
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17013 of 2022
Applicant :- Abid Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi
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. 390 of 2021 at Police Station-Hasanpur, District-Amroha under Sections 420, 379 I.P.C. The applicant is in jail since 25.03.2022.
The bail application of the applicant was rejected by learned Additional District and Sessions Judge/Special Judge(POCSO Act), Amroha on 05.04.2022.
Shri Manoj Kumar Tripathi, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. Rs. 2500/-, was planted on the applicant to frame him in the instant case to show proficiency of the police investigators. There is no independent witness to the recovery. The money belongs to the applicant. No incriminating article which can be linked with the offence has been recovered from the applicant. Prosecution evidence does not connect the applicant with the crime. Learned counsel for the applicant contends that the applicant does not have any
criminal history apart from this case. The co-accused namely Aman from whom the gold ornament was recovered, has been enlarged on bail by this Court by order dated 21.12.2021 in Criminal Misc. Bail Application 41461 of 2021. The case of the applicant stands on a better footing than that of the aforesaid coaccused. However, learned counsel for the applicant seeks parity in relief granted to the aforesaid coaccused.
Issues for consideration
2 issues framed by the court
Whether the bail application of the applicant should be allowed.
Whether conditions of bail should be imposed.
Parties & counsel
- applicant
Abid
Coram
Ajay Bhanot
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/17013/2022
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