Allowed

Akash v. State of U.P.

Allahabad HC11 Oct 2022BAIL/44609/2022

Case brief

AI extract

What is this about?

This is a bail application filed by a servant accused of managing a brothel under the ITP Act. The applicant alleged false implication due to unpaid police bills. Finding that co-accused was already on bail and no incriminating evidence was found against him, the court allowed bail subject to conditions.

What did the court decide?

Applicant released on bail on executing personal bond and two reliable sureties, subject to standard bail conditions.

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

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44609 of 2022

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

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Hon'ble Gajendra Kumar,J.

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Heard learned counsel for the respective parties.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.01 of 2022, under Sections 3, 4, 6, 7, 8 ITP Act, Police Station-A.H.T.U., District-Meerut.

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The aforesaid FIR has been lodged with regard to an incident alleged to have taken place on 30.07.2022 at 18:30 p.m. against eight persons including the present applicant with the allegation that accused persons were managing the brothel in the Amarnath Bhoj and Guest House.

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Learned counsel for the applicant submits that he has been falsely implicated in the present case due to ulterior motive. Applicant is servant in the aforesaid Guest House namely, Amarnath Bhoj and Guest House. He submits that, in fact, police personnel had taken meals and did not pay the same and when Manager of the aforesaid Guest House demanded the amount of bills, then police has arrested the applicant and falsely implicated in the present case. Nothing incriminating has been recovered from the possession of the applicant so as to implicate him with the present case. He further submits that apart from the instant case, applicant does not have any criminal history. He submits that applicant is a law abiding citizen and there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 30.07.2022.

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Learned A.G.A. has vehemently opposed the prayer for bail of the applicant but could not dispute the aforesaid facts on record.

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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,

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scrutinizing the facts mentioned in the F.I.R., statement of witnesses and the fact that the identically placed co-accused has already been released on bail by this Court and without expressing any opinion on the merits of the case, 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 -Akash, involved in above mentioned case crime number be released on bail on their executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

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(i) The applicant shall not tamper with the evidence.

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(ii) The applicant shall not indulge in any criminal activity.

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(iii) The applicant shall not threaten the informant and witnesses and further shall cooperate in the investigation.

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(iv) The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the learned court below will take recourse to law of cancellation of bail of the applicant.

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Order Date :- 11.10.2022 Ashutosh

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Digitally signed by ASHUTOSH SINGH Date: 2022.10.14 18:16:08 IST Reason: Location: High Court of Judicature at Allahabad

Akash v. State of U.P.

Case brief

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Akash v. State of U.P.

Case brief

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