Citation : 2016 Latest Caselaw 1793 ALL
Judgement Date : 22 April, 2016
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 46 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12600 of 2016 Applicant :- Deepak Opposite Party :- State Of U.P. Counsel for Applicant :- Santosh Kumar Pandey,Ajay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant in case crime No. 38 of 2016, under Sections 411, 414, 420, 467, 468 IPC and 41/102 Cr.P.C. police station Jani District Meerut with the prayer to enlarge him on bail.
I have perused the prosecution story as set up in the FIR and also the bail rejection order.
The contention as raised at the Bar by learned counsel for the applicant is that the accused-applicant has been falsely implicated in the present case solely on account of his criminal history by showing false recovery of TATA 407 vehicle and 12 motorcycles. It is further contended that there is no indentendent witness to the alleged recovery. It is further contended that the criminal history of the applicant has been duly explained in the bail application. It is lastly contended that the applicant is in jail since 17.2.16 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
It is apparent that it would not be possible to conclude the trial in near future and in the opinion of this Court, it would not be appropriate to keep the applicant in jail till the conclusion of the trial.
Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Deepak involved in the aforesaid crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.
Order Date :- 22.4.2016
Anand
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