Nafees v. State of U.P.
Case brief
What is this about?
Bail application allowed in remand case under Sections 411, 413, 420, 467, 468, 471 IPC. Applicant granted relief based on parity with co-accused released earlier, mandated to furnish bond and sureties.
What did the court decide?
Application allowed; applicant to be released on bail by furnishing personal bond and two sureties.
What the court decided
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22161 of 2022
Applicant :- Nafees Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1.Heard Sri Pradeep Kumar, the learned counsel for the applicant, Sri Jitendra Kumar Jaiswal, the learned Additional Government Advocate and perused the record.
2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 251 of 2021, under Sections 411, 413, 420, 467, 468, 471 IPC, Police Station Jahanabad, District Fatehpur during pendency of the trial in the Court below.
3.The aforesaid case has been registered on the basis of a first information report lodged by a Sub-Inspector of Police against three named accused persons, including the applicant, alleging that they were apprehended along with a stolen motorcycle on which a fictitious number plate was affixed. The co-accused Rakesh Gupta is said to be driving the motorcycle and other coaccused persons were riding the same on the pillion seat..
4.In the affidavit filed in support of the bail application, it has been stated that the applicant has been falsely implicated in the present case after arresting the applicant from his house and nothing has been recovered from him.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail on grounds of parity with co-accused who have been released.
Whether the established conditions of bail can be made applicable to the applicant.
Parties & counsel
- applicant
Nafees
Coram
Subhash Vidyarthi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/22161/2022
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