Allowed

Mahesh v. State of U.P.

Allahabad HC4 Jan 2018BAIL/173/2018

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Mahesh challenging detention in a case involving theft, cheating, forgery, and money laundering. The court granted bail, noting falsity in recovery, lack of independent witnesses, and release of co-accused, subject to standard conditions.

What did the court decide?

Released on bail on furnishing personal bond with two sureties each, subject to conditions of cooperation, no tampering with witnesses, and no illegal activities.

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

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Court No. - 23 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 173 of 2018 Applicant :- Mahesh Opposite Party :- State Of U.P. Counsel for Applicant :- Subhash Chandra Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and Sri Prabhas Pandey, learned A.G.A. appearing for the State.

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The applicant while claiming falsity in this case has submitted that he is innocent and nothing incriminating has been recovered from his possession. The police has planted false recovery of motorcycle, whereas, factum of recovery is not supported by any independent public witness although recovery is said to have been made from his possession only after a tip off information was received by the police. The contention raised by learned counsel for the applicant is that co-accused, namely, Gulzar Ahmad, Azmal @ Shanu, Laiq Ahamad and Jubair @ Shanu have been granted bail by this Court vide orders dated 04.09.2017, 13.09.2017, 20.09.2017 and 07.10.2017 passed in Criminal Misc. Bail Application Nos. 32999 of 2017, 32990 of 2017, 36002 of 2017 and 37531 of 2017 respectively. The applicant is languishing in jail since 22.06.2017.

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Learned AGA has opposed prayer for bail. However, learned AGA has not disputed the aforesaid facts.

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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, the applicant is entitled to be released on bail in this case.

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Let the applicant Mahesh involved in Case Crime No. 405 of 2017, Sessions Trial No. 315 of 2017, under Sections 34, 420, 467, 471, 379, 411, 413, 414 I.P.C., Police Station Ganj, District Rampur be released on bail on his 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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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 :- 4.1.2018 NS

Mahesh v. State of U.P.

Case brief

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Mahesh v. State of U.P.

Case brief

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