Ramesh v. State of U.P.
Case brief
What is this about?
Single judge of the Allahabad High Court allowed the bail application of Ramesh, who was accused of theft and cheating. The court considered arguments regarding late implication and lack of fresh recovery.
What did the court decide?
Release on bail by furnishing a personal bond and two sureties, subject to standard conditions including no tampering with evidence.
What the court decided
Neutral Citation No. - 2023:AHC:109413
Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 705 of 2023
Applicant :- Ramesh Opposite Party :- State of U.P. Counsel for Applicant :- Ganesh Mani Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
- Heard Sri Ganesh Mani, 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.32 of 2022, under Sections 380, 411 I.P.C., P.S. Philkhana, District Kanpur Nagar.
- Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; the applicant was not named in the first information report and his name has come into light during the course of investigation; the applicant is not named in the first information report and his name has come into light during the course of investigation; nothing has been recovered from possession of applicant; there is no independent witness of the alleged recovery. The applicant was not arrested from spot. The coaccused namely Shubham Malviya has already been released on bail by Co-ordinate Bench of this Court vide order dated 23.12.2022 passed in Criminal Misc. Bail Application No.38572 of 2022, 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 criminal history has criminal history which has been explained in paragraph no.15 of the affidavit accompanying this bail application. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 23.4.2022 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 is entitled to bail under the circumstances where he was added during investigation and parity may be considered.
Parties & counsel
- applicant
Ramesh
- respondent
State of U.P.
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/705/2023
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