Vishwanath v. State of U.P.
Case brief
What is this about?
In a bail application under Sections 419, 420, 406, 504 IPC, the court allowed bail, noting the applicant had made out a case despite the nature of the offence, referencing Dataram Singh.
What did the court decide?
Release on bail with personal bond and two sureties subject to conditions regarding non-tampering and court appearance.
What the court decided
Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28818 of 2018
Applicant :- Vishwanath Opposite Party :- State Of U.P. Counsel for Applicant :- Krishna Kant Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The argument is that on the promise of sending the informant to Saudia Arabia an amount of Rs.80,000/- was taken by the applicant but the applicant pressuring the informant to go to Dubai, where the informant did not wanted to go. The amount paid by the informant is not being returned by the applicant, therefore the informant has lodged first information report. The applicant has no criminal history to his credit. The applicant is in jail since 30.05.2018.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Issues for consideration
1 issue framed by the court
Whether the applicant is eligible for bail given the allegations of taking money under promise and failing to return it.
Parties & counsel
- applicant
Vishwanath
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/28818/2018
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