Sunil v. State of U.P.
Case brief
What is this about?
This judgment grants bail to the applicant Sunil in an under-trial stage bail application citing false implication and parity with a co-accused, orders release on bond and sureties subject to conditions.
What did the court decide?
Released on bail on furnishing a personal bond and two sureties in like amount subject to appearance and non-tampering conditions.
What the court decided
Neutral Citation No. - 2023:AHC:181421
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28355 of 2023
Applicant :- Sunil Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Tripathi,Raj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma, J.
- Heard learned counsel for the applicant, learned AGA for the State-opposite party and perused the record.
- The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 68 of 2023, under Sections 420, 406, 467, 468, 471 I.P.C, Police Station- Jansath, District Muzaffarnagar,, during the pendency of trial.
- Counsel for the applicant submitted that the applicant has been falsely implicated in the instant case. He has not named in the F.I.R. It is next contended that the co-accused- Manoj, having identical role has been enlarged on bail by coordinate bench of this Court in Criminal Misc. Bail Application No. 28983 of 2023 vide order dated 10.07.2023 . Copy of the same provided by the learned counsel for the applicant is taken on record. The applicant claims parity. The applicant is in jail since 06.04.2021 . In case, he is enlarged on bail, he will not misuse the said liberty.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail under Section 439 Cr.P.C. given the false implication claim and parity argument.
Parties & counsel
- applicant
Sunil
Coram
Umesh Chandra Sharma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/28355/2023
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