Leelu v. State of U.P.
Case brief
What is this about?
In this bail application under Section 439 Cr.P.C., the Court granted bail to the applicant, finding no substantive evidence against him and noting the prolonged period of imprisonment without a hope of early trial conclusion.
What did the court decide?
Released on bail by furnishing a personal bond and two sureties in the like amount, subject to conditions of appearance and non-interference.
What the court decided
Neutral Citation No. - 2023:AHC:236254
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50941 of 2023
Applicant :- Leelu Opposite Party :- State of U.P. Counsel for Applicant :- Ehtesham Akhtar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
- Case diary produced by Sri Neeraj Kumar Sharma, learned A.G.A. for the State is taken on record.
- Heard counsel for the applicant and learned brief holder for the State-opposite party.
- 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. 477 of 2023, under Sections 420, 406, 506 I.P.C., Police Station- Tronika City, District- Ghaziabad, during the pendency of trial.
- Counsel for the applicant submitted that the applicant has been falsely implicated in the present case. The applicant is neither the vendor nor the vendee of the alleged sale deed. No amount has been credited in the account of the applicant. The applicant is not a beneficiary of the illicit transaction. The case is purely civil in nature. The instant prosecution has been instituted only to harass the applicant. The criminal history of the applicant has been explained in para no. 2 of the supplementary affidavit. The applicant is in jail since 21.09.2023 and in case he is enlarged on bail, he will not misuse the said liberty.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail under Section 439 Cr.P.C. given the lack of strong evidence and the lengthy period of incarceration.
Whether the State established any reasonable apprehension that the applicant would tamper with evidence or intimidate witnesses if granted bail.
Parties & counsel
- applicant
Leelu
- respondent
State of U.P.
Coram
Vivek Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/50941/2023
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