Manish v. State of U.P.
Case brief
What is this about?
Criminal bail application allowed. The court found that the applicant had made a case for bail on grounds of innocence and lack of credible evidence post-FIR, granting release with standard conditions.
What did the court decide?
Applicant released on bail on furnishing a personal bond and two heavy local sureties subject to specific conditions.
What the court decided
Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23809 of 2022
Applicant :- Manish Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
- Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
- It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that the applicant was neither named in the F.I.R. nor was arrested on the spot. He further submits that the name of the applicant came into light after a lapse of three months of the incident and except the confessional statement there is no credible evidence against the applicant. He next submits that the criminal history of the applicant has been explained in paragraph no.17 of the affidavit accompanying the bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 24.03.2022.
- Learned A.G.A. has opposed the prayer for bail.
Issues for consideration
2 issues framed by the court
Whether the applicant satisfies the grounds for granting bail in a criminal matter.
Whether the applicant has made out a prima facie case for release on bail.
Parties & counsel
- applicant
Manish
- respondent
State of U.P.
Coram
Gautam Chowdhary
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/23809/2022
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