Allowed

Ashok Kumar @ Avadhesh Kumar v. State of U.P.

Allahabad HC10 Aug 2018BAIL/21129/2018

Case brief

AI extract

What is this about?

CCBM Bail Application No. 21129 of 2018 before Coram Hon'ble Siddharth, J., Court No. 45, Mootsim. The High Court ordered the release of the applicant on a personal bond with two sureties without expressing an opinion on the merits, finding he was entitled to bail under the specific facts and circumstances including lack of prior criminal history.

What did the court decide?

Applicant released on bail on personal bond with two sureties, subject to conditions regarding cooperation and no criminal activity.

Ashok Kumar @ Avadhesh Kumar Vs State of U.P. — Cheating and Forgery | Allahabad HC (2018)

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21129 of 2018

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Applicant :- Ashok Kumar @ Avadhesh Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Kailash Prasad Pandey,Jitendra Singh Counsel for Opposite Party :- G.A.,Rakesh Kumar Singh

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Hon'ble Siddharth,J.

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Supplementary affidavit filed today is taken on record.

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Heard Shri Kailash Prasad Pandey and Shri Jitendra Singh, learned counsel for the applicant, Shri Rakesh Kumar Singh, learned counsel for the informant, learned A.G.A. for the State and perused the record.

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The argument of the learned counsel for the applicant is that the First Information Report has been lodged by the villager-informant against the applicant alleging that he has passed High School Examination in 1993-94 by changing his name when he has earlier failed. His earlier name was Ashok Kumar and now he has changed his name as Avadhesh. Thereafter he appeared in High School Examination by concocting documents of earlier classes and thereafter he has obtained a Gas Agency from Gas Company. The First Information Report was not lodged by Gas Company. The further argument is that on account of village rivalry the impugned First Information Report has been lodged. The applicant has no criminal history to his credit and is in jail since 23.4.2018.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.

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Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.

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Let the applicant Ashok Kumar @ Avadhesh Kumar be released on bail in Case Crime No.303 of 2017 under section 420, 467, 468, 471 IPC PS. Sureer,District Mathura 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 which are being imposed in the interest of justice :-

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1.The applicant shall not tamper with the prosecution evidence by

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intimidating/ pressurizing the witnesses, during the investigation or trial.

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2.The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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3.The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 10.8.2018

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Ashok Kumar @ Avadhesh Kumar v. State of U.P.

Case brief

What is this about?

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Ashok Kumar @ Avadhesh Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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