Omkar v. State of U.P.
Case brief
What is this about?
This Single Judge Bench quashed an order rejecting bail. The applicant, Omkar, was involved in a case under IPC 420 and 414. The court allowed bail noting co-accused bail, lack of criminal history, and pandemic conditions.
What did the court decide?
Release on bail with personal bond and two sureties subject to standard non-tampering conditions.
What the court decided
Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50370 of 2021
Applicant :- Omkar Opposite Party :- State of U.P. Counsel for Applicant :- R.K. Mishra,Nagendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri R.K. Mishra, learned counsel for the applicant and Sri Shravan Kumar Ojha learned AGA for the State.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of applicant Omkar for seeking bail in Case Crime No. 402 of 2021 under Sections 420 & 414 I.P.C.,Section 41 & 102 Cr.P.C. and Section 15 the U.P. Dacoity Affected Areas Act, 1983 registered at Police StationHari Parvat, District-Agra.
The bail application of the applicant has been rejected by the court below, on 1.11.2021.
Learned counsel for the applicant has argued that a first information report has been lodged by Anil Sharma before Police Station-Hari Parvat, District-Agra being FIR No.402 on 29.9.2021 at 5:38 hours under Sections 420, 414 IPC, Section 41 & 102 Cr.P.C. and Section 15 the U.P. Dacoity Affected Areas Act, 1983 lodging commission of the offence under the above noted sections. He has further argued that the applicant has been falsely implicated and the recovery of knife and other items have been shown to be in possession of the applicant and there was no independent witness merely on the basis of confessional statements, he has been made scapegoat. He has further argued that there is no criminal history and one of the co-accused being Banwari has already been enlarged on bail in Criminal Misc. Bail Application No.46803 of 2021, Banwari Vs. State of U.P. on 24.11.2021 and the applicant is also entitled to be bail on parity.
Issues for consideration
2 issues framed by the court
Whether bail should be granted in a case involving cheating and criminal breach of trust given co-accused bail and no criminal history of the applicant.
Whether the overcrowding in jails during the pandemic affects the bail consideration in this manner.
Parties & counsel
- applicant
Omkar
- respondent
State of U.P.
Coram
Vikas Budhwar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/50370/2021
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