This single-judge High Court order grants bail to Bhanu Pratap implicned under the Arms Act and IPC in Moradabad, noting pending trials and coordinated co-accused bail without expressing merit opinion.
Request to release applicant on bail on personal bond and two sureties was granted.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21306 of 2022
Applicant :- Bhanu Pratap Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Kant Shukla Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Bhanu Pratap with a prayer to release him on bail in Case Crime No.0301 of 2022, under Section 3/5/25 Arms Act & Section 411 I.P.C., P.S. Civil Lines, District Moradabad during pendency of the trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. A DBBL gun of 12 bore, cash of Rs.230/- and an android mobile phone were said to have been recovered from the applicant's possession. He next argued that applicant having one case of criminal history in which he has been granted bail by the court below vide order dated 14.06.2019; copy of the bail order has been annexed as Annexure SA-1 to the supplementary affidavit. Co-accused Kamal Hasan & Satyaveer Singh have been granted bail by coordinate Bench of this Court in Criminal Misc.Bail Application Nos.22346 of 2022 & 23342 of 2022 vide orders dated 02.06.2022 & 09.06.2022; copy of bail orders have been annexed as Annexure No.SA-4 to the supplementary affidavit. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 23.04.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Bhanu Pratap be released on bail in Case Crime No.0301 of 2022, under Section 3/5/25 Arms Act & Section 411 I.P.C., P.S. Civil Lines, District Moradabad, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 6.7.2022 SKD
Digitally signed by SURJIT KUMAR DEY Date: 2022.07.07 10:57:16 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail should be granted to the applicant in the present case.
Whether the applicant has made out a prima facie case for bail.
Whether the applicant is a threat to justice warranting rejection of bail.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 · Who else cites this
Bhanu Pratap
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Deepak Verma
Parties & counsel
