Raju v. State of U.P.
Case brief
What is this about?
High Court bench allowed bail application filed by Raju in a cheating and criminal conspiracy case, dismissing the State's opposition and citing a coordinate bench's earlier decision.
What did the court decide?
Grant of bail on personal bond and two sureties subject to conditions.
What the court decided
Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14211 of 2023
Applicant :- Raju Opposite Party :- State of U.P. Counsel for Applicant :- Amit Rai,Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Mithlesh Kumar, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.460 of 2022, under Sections 120-B, 420, 406, 504, 506, 467, 468 & 471 I.P.C., P.S. Budhna, District Muzaffar Nagar.
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; nothing has been recovered from possession of applicant; there is no independent witness of the alleged recovery. The co-accused namely Farman has already been released on bail by Co-ordinate Bench of this Court vide order dated 14.3.2023 passed in Criminal Misc. Bail Application No.10811 of 2023, a copy of said order has been produced by learned counsel for the applicant which is taken on record. The applicant claims parity. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 14.01.2023 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Issues for consideration
1 issue framed by the court
Whether the applicant makes out a prima facie case for grant of bail under the Code of Criminal Procedure.
Parties & counsel
- applicant
Raju
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/14211/2023
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