Allowed

Bhusan Lal v. State of U.P.

Allahabad HC16 Jan 2018BAIL/1681/2018

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 1681 of 2018, the High Court granted bail to applicant Bhusan Lal accused under Sections 420, 467, 468, 471 IPC. Court noted applicant was not in original FIR and findings were based on extrajudicial statement. Bail granted with bond and conditions.

What did the court decide?

Released on bail furnishing personal bond with two sureties subject to attending trial and not tampering with witnesses.

Bhusan Lal 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. - 1681 of 2018

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Applicant :- Bhusan Lal Opposite Party :- State Of U.P. Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Avinash Pandey, learned counsel for the applicant and Ms. Poonam Singh Sengar, learned A.G.A. appearing for the State.

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Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that applicant was not named in the F.I.R., his name came into light in the extrajudicial confessional statement of co-accused Sumit except this there is nothing cogent and credible evidence against the applicant available on record. It is further submitted that nothing has been recovered from the possession of the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been place 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 05.11.2017. It is further submitted that applicant is not a previous convict but at the time of his arrest he has been falsely roped in one another case except the present case.

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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 applicant Bhusan Lal involved in Case Crime No. 175 of 2017, under Section 420, 467, 468, 471 I.P.C., Police Station Shiwalakala, District Bijnor be released on bail on his

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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 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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Order Date :- 16.1.2018 Arti Sharma

Bhusan Lal v. State of U.P.

Case brief

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What did the court decide?

Bhusan Lal v. State of U.P.

Case brief

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