Allowed

Varun Kanaujiya and Another v. State of U.P.

Allahabad HC9 Jan 2018BAIL/1008/2018

Case brief

AI extract

What is this about?

This bail application challenged the detention of two accused persons under Sections 420 and 468 IPC. The court found prima facie satisfaction of the charge and concerns of witness tampering, leading to the grant of bail.

What did the court decide?

The applicants were ordered to be released on personal bond with two sureties each, subject to specific conditions regarding trial attendance and conduct.

Varun Kanaujiya and Another Vs State of U.P. — Cheating and Forgery | Allahabad HC (2018)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1008 of 2018

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Applicant :- Varun Kanaujiya And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Virendra Kumar Jaiswal Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Virendra Kumar Jaiswal, learned counsel for the applicants and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicants that the applicants have been falsely implicated in the present case only on the basis of suspicion. It is further submitted that no incriminating article has been recovered from the possession of the applicants. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicants are languishing in jail since 3.12.2017. It has been pointed out that the applicants have no criminal history.

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Learned A.G.A. opposed the prayer for bail.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.

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Let the applicants Varun Kanaujiya and Ajit Kumar Prajapati involved in B.A. No.6661 of 2017 (Case Crime No.1906 of 2017), under Sections 420, 468 I.P.C., Police Station Vijay Nagar, District Ghaziabad be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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The applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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She will not tamper with the witnesses.

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She will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 9.1.2018 Dev/-

Varun Kanaujiya and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Varun Kanaujiya and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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