Umesh v. State of U.P.
Case brief
What is this about?
In CRIMINAL MISC. BAIL APPLICATION No. 8248 of 2022, the Allahabad High Court granted bail to the applicant in a theft case despite alleged recovery of tools, emphasizing baseless implication and lack of evidence connecting him to the crime.
What did the court decide?
Released on bail furnishing personal bond and two reliable sureties subject to conditions against interfering with witnesses and mandating appearance at trial proceedings.
What the court decided
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8248 of 2022
Applicant :- Umesh Opposite Party :- State of U.P. Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 432 of 2021, under Sections379, 411 I.P.C., Police Station-Jaithra, District Etah.
Learned counsel for the applicant submitted that accusedapplicant is innocent and has been falsely implicated in the instant case. It is submitted that the FIR was lodged against unknown persons. It is in relation to theft of water pump. The applicant was apprehend by the Police on 15.09.2021 and from the possession of the applicant, the prosecution has shown recovery of 14 wrenches and 6 Pannas and one plier. The water pump, as indicated in the FIR, was not recovered from the possession of the applicant.
Further submitted that with regard to incident which took place on 15.09.2021 the applicant and others were apprehended by the Police and Police lodged a FIR registered as Case Crime No. 437 of 2021, under Section 307 IPC. In this case, the applicant has already been released on bail by the Court below vide order dated 12.10.2021 passed in Bail Application No. 3039 of 2021 annexed as Annexure No. 3 to the bail application. It is submitted that while granting the bail the Court below considered the recovery indicated in the FIR as also criminal history of the applicant. This fact has not been disputed by the learned AGA.
Issues for consideration
2 issues framed by the court
Whether the applicant is fit to be released on bail in a theft case with alleged recovery of tools?
Whether the applicant is likely to flee or tamper with evidence if granted bail?
Parties & counsel
- applicant
Umesh
- respondent
State of U.P.
Coram
Saurabh Lavania,J.
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/8248/2022
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