Allowed

Prince v. State of U.P.

Allahabad HC20 Dec 2022BAIL/37538/2022

Case brief

AI extract

What is this about?

In a bail application under Sections 395 and 412 IPC, the High Court considered the applicant's claim of innocence, the absence of his name in the FIR, and the fact that several co-accused had already been granted bail. The Court observed that the applicant had made out a case for bail and allowed the application subject to standard conditions.

What did the court decide?

The applicant Prince was released on bail by furnishing a personal bond and two sureties each in the like amount to a local court.

Prince Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37538 of 2022

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Applicant :- Prince Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Third supplementary affidavit filed today on behalf of the applicant, is taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant Prince with a prayer to release him on bail in Case Crime No.0469 of 2022, under Sections 395, 412 I.P.C., P.S. Kankarkheda, District Meerut during pendency of the trial.

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It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant submits that he is not named in the FIR. From the possession of the applicant one mobile phone and Rs.700/- have been recovered. There is no evidence to connect the applicant in the present case. Learned counsel for the applicant next submitted that coaccused Ram Prakash @ Lala, Aman, Arshad & Ibrar, Imran, Ram Prakash @ Lala, Vakeel & Jagat Singh have been granted bail by the coordinate Bench of this Court vide orders dated 12.10.2022, 28.11.2022, 23.11.2022, 12.10.2022, 28.11.2022 & 4.11.2022. Learned counsel for the applicant next submits that the applicant having better case for getting bail on account of parity. Criminal history of the applicant has been explained in para 8 of the bail application. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is languishing in jail since 07.07.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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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 larger mandate of the Article 21 of the Constitution of India, Satendra Kumar Antil Vs. C.B.I. & Another, passed in

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S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Prince, who is involved in the aforesaid case crime, be released on bail 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.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 20.12.2022 SKD

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Digitally signed by SURJIT KUMAR DEY Date: 2022.12.21 11:47:03 IST Reason: Location: High Court of Judicature at Allahabad

Prince v. State of U.P.

Case brief

What is this about?

What did the court decide?

Prince v. State of U.P.

Case brief

What is this about?

What did the court decide?

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