Sonu v. State of U.P.
Case brief
What is this about?
Single judge allowed bail to the applicant in a criminal case under IPC sections, noting insufficient evidence connecting him to the offence and lack of criminal history, while imposing standard bail conditions without detailed merit discussion.
What did the court decide?
Applicant released on bail on personal bond and two sureties with conditions to not tamper with evidence or influence witnesses.
What the court decided
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8090 of 2023
Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 240 of 2022 at Police Station Kotwali Jalaun, District Jalaun under Sections 395, 397, 420, 482, 412 of IPC. The applicant is in jail since 24.11.2022.
The bail application of the applicant was rejected by learned trial court on 20.12.2022.
The following arguments made by Shri Sushil Kumar Pandey, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Makandey Singh, learned AGA from the record, entitle the applicant for grant of bail:
(1). The applicant was not named in the F.I.R.
(2). The applicant was nominated in the statement of a coaccused made before the police authorities while he was in their custody. The said statement insofar as it implicates the applicant is not admissible in evidence.
Issues for consideration
3 issues framed by the court
Whether bail should be granted to the applicant under Sections 395, 397, 420, 482, 412 of IPC pending trial.
Whether the applicant is eligible for bail considering his non-inclusion in FIR and lack of incriminating evidence.
Whether the imposition of conditions is necessary to ensure the interests of justice.
Parties & counsel
- applicant
Sonu
Coram
Ajay Bhanot
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/8090/2023
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