Ashu v. State of U.P.
Case brief
What is this about?
In a criminal misc. bail application, the Court allowed the bail prayer for the applicant in a case involving theft and criminal breach of trust, noting false recovery allegations and lack of prior record, while ordering conditions of bail.
What did the court decide?
Release on bail with personal bond and two sureties in like amount, subject to conditions regarding cooperation and non-commission of new crimes.
What the court decided
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59649 of 2022
Applicant :- Ashu Opposite Party :- State of U.P. Counsel for Applicant :- Vikash Chandra Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 04 of 2022, registered under Sections 379, 411 IPC, Police Station- Mansoorpur, District- Muzaffarnagar during pendency of the trial.
It is argued that on 08.01.2022, police party arrested the applicant along with three other co-accused. The FIR was lodged by informant on 04.01.2022 and the applicant was arrested on 08.01.2022. The applicant is not named in the FIR. The alleged recovery is totally false and planted against the applicant. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. There is no independent witness of alleged recovery. The applicant has no previous criminal history. After arrest, the applicant has implicated in one other case. No evidence to implicate the applicant in the present case. The applicant is languishing in jail since 08.01.2022 In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the arguments raised by the learned counsel for the applicant.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to release on bail pending trial in a case alleging theft and criminal breach of trust.
Whether the applicant has made out a case for bail considering the allegations of false recovery and lack of prior criminal history.
Parties & counsel
- applicant
Ashu
Coram
Deepak Verma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/59649/2022
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