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MOHD. FAIZ ALAM KHAN
Ashish Kumar Singh Sisodiya – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
MOHD. FAIZ ALAM KHAN, J.
1. Heard learned counsel for the accused-applicant, learned A.G.A. for the State, as well as Shri Rahul Yadav, Advocate, who has put in appearance and filed his vakalatnama/power along with short-counter affidavit on behalf of the informant/complainant and perused the record. The short counter affidavit filed along with vakalatnama/power is taken on record.
Learned A.G.A. informs that he has procured complete instructions in the matter, including upto date case diary.
2. This bail application has been moved by the accused/applicant-Ashish Kumar Singh Sisodiya for grant of bail in Case Crime No. 080 of 2024, under sections 419, 420, 467, 468, 471, 406 and 506 IPC read with section 66D of Information Technology (Amendments) Act, 2008 lodged at police station Asandra, district Barabanki, during trial.
3. Learned counsel for the accused-applicant, while pressing the bail application, submits that the applicant has been falsely implicated in this case and, he has not committed any offence, as claimed by the prosecution and the allegations have been levelled in the FIR as well as in the statement of the prosecution witnesses are false, concocted and could n
The court may consider a compromise between the parties, the payment of the due amount, the period of custody already undergone, and the explanation of the applicant's criminal history as grounds for....
The court determined that allegations of misappropriation reflected a civil dispute rather than criminal intent, allowing bail based on the absence of prior criminal history and ongoing civil complai....
The court granted bail based on the lack of evidence against the applicant and the absence of prior criminal history, emphasizing the need for fair trial conditions.
The presumption of innocence and the right to liberty under Article 21 necessitate granting bail unless compelling reasons exist to deny it.
The court established that the absence of substantial evidence against an accused, particularly when not named in the FIR, is a significant factor in granting bail.
The court permits bail when the prosecution's claims are unsupported by specific evidence and the petitioner has been incarcerated for a considerable time without trial.
Bail granted based on lack of evidence and clean antecedents, subject to conditions.
Granting bail based on lack of specific allegation, absence of criminal history, and parity with co-accused.
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