High Court granted bail to Anshuman Singh and Anoop Sharma in a cheating case under IPC sections 419, 420, and 411, directing the trial court to conclude the trial within three months.
Released on bail with personal bond and two sureties each under specific conditions; trial to be concluded within three months.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1571 of 2018
Applicant :- Anshuman Singh And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Gulab Chandra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard Sri Gulab Chandra, learned counsel for the applicants and Sri Purshottam Maurya, learned A.G.A. appearing for the State.
Learned counsel for the applicants in supports of his prayer for bail submits that the applicants are innocent and they have been falsely implicated in the present case due to ulterior motive and they have committed no offence.The applicants are not named in the F.I.R.. Nothing has been recovered from the possession of the applicants. It is also contended that the all the cases pertaining to the applicants are after the present case. Considering the period of detention which is almost 26 months, it would be appropriate for this Court to enlarge the applicants on bail .It is pointed out that the applicants have criminal history of 9 cases.but in all these cases the applicants have been granted bail by the competent court. It is further contended that other co-accused have also been granted bail by the court below. 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 themselves available before the court whenever required.It has also been submitted that the applicants are languishing in jail since 17.10.2017 and no fruitful purpose would be served if the applicants remain behind the bar.
Learned A.G.A. opposed the prayer for bail.
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 applicants are entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicants Anshuman Singh and Anoop Sharma involved in Case Crime No.324 of 2017, under sections 419,420, 411 I.P.C., Police Station Mirza Murad, District Varanasi 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:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
However, the trial court is directed to expedite and conclude the trial of the applicants in the aforesaid case crime preferably within a period of three months from the date of production of certified copy of this order before it, if three is no legal impediment. .
Order Date :- 19.2.2018
IA
2 issues framed by the court
Whether the applicants are entitled to bail considering the period of detention and lack of recovery against them.
Whether the trial court can be directed to expedite the trial.
Anshuman Singh
Noop Sharma
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
