Kaptan v. State of U.P.
Case brief
What is this about?
Single judge allowed bail to two applicants accused of offences under Sections 394, 411, 216A and 120B IPC. Court found it to be a bail case applying Dictum of Apex Court despite opposition on recovery and criminal history.
What did the court decide?
Release on bail with personal bond and two sureties each, subject to attendance and cooperation conditions.
What the court decided
Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1891 of 2022
Applicant :- Kaptan Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Yadav,Dhirendra Kumar Srivastav Counsel for Opposite Party :- G.A.
and
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47009 of 2021
Applicant :- Kuldeep Opposite Party :- State of U.P. Counsel for Applicant :- Lavkush Kumar Shukla Counsel for Opposite Party :- G.A.,Ashok Kumar Rai Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicants-Kaptan and Kuldeep, learned counsel for the first informant, learned A.G.A. and perused the record.
The accused applicants, Kaptan and Kuldeep are involved in Case Crime No. 543 of 2021 under Sections 394, 411, 216A and 120B I.P.C.. registered at Police Station Sikandara, District Agra.
It is argued by the learned counsel for the applicants that the first information report was lodged as unnamed. The incident is shown to be of 24.08.2021 and the recovery is said to be done on 25.08.2021. Six persons have been alleged to be apprehended by the police. From the present applicants, Rs. 1,50,000/- each is said to have been recovered, while in fact no recovery has been made from both of them. They are in custody since 31.08.2021 and 01.09.2021 respectively. There is parity of co-accused Suraj and Shailendra @ Shailu, who have been released on bail. The present accused persons are having identical role, therefore, the prayer for bail is made.
Issues for consideration
1 issue framed by the court
Whether to grant bail to the accused applicants despite serious charges and lack of recovery made from them.
Parties & counsel
- applicant
Kaptan
- applicant
Kuldeep
Coram
Sadhna Rani Thakur
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/1891/2022
Similar cases
Judgements on the same questions, provisions and authorities, from every court