Allowed

Devpal Sahu v. State of U.P.

Allahabad HC12 Jan 2018BAIL/1573/2018

Case brief

AI extract

What is this about?

The High Court granted bail to Devpal Sahu in a cheating case after accepting allegations of false implication. The order directed release via bond and two sureties, additionally requiring the furnishing of security other than cash equal to the sum involved.

What did the court decide?

Applicant released on bail on furnishing a personal bond, two sureties, and security other than cash equal to Rs. 2,00,000/-.

Devpal Sahu 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. - 1573 of 2018

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Applicant :- Devpal Sahu Opposite Party :- State Of U.P. Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Sri B. Pant, learned counsel has put in appearance on behalf of complainant by filing his Vakalatnama, today in the Court, which is taken on record.

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Heard Sri Arun Kumar Singh, learned counsel for the applicant and Sri B. Pant, learned counsel for the complainant 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 applicant that the applicant has been falsely implicated in the present case due to ulterior motive and village party bandi. It is further submitted that the first information present incident was lodged by way of application moved under Section 156(3) Cr.P.C. and in the said application nothing has been disclosed regarding the date, time and witnesses about exchange of money, hence it is submitted that the said application is doubtful. It is further submitted that the allegation against the applicant is that he has taken money from the complainant for providing him a job, which is false. It is further submitted that the applicant himself has given Rs.two lakhs to the informant for depositing the same in his account and it is not given by the opposite party no.2 for appointment as alleged in the first information report, the said fact has been mentioned in para 12 of the affidavit accompanying this bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant 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 applicant that he is 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 applicant is languishing in jail since 23.6.2017.

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Learned counsel for the complainant as well as 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 applicant Devpal Sahu involved in Case Crime No.206 of 2016, under Sections 420, 406 I.P.C., P.S. Muskara, District Hamirpur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned and also subject to furnishing security other than cash or bank guarantee equal to the amount in question i.e. Rs.2,00,000/-, before his release with the following conditions:-

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The applicant 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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He will not tamper with the witnesses.

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He 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 :- 12.1.2018 Dev/-

Devpal Sahu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Devpal Sahu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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