Allowed

vijay kumar @ telhu v. State of U.P.

Allahabad HC30 Jan 2018BAIL/2945/2018

Case brief

AI extract

What is this about?

The court granted bail to the applicant in a criminal money laundering and cheating case. The judge considered the applicant's innocence claim and the apprehension of witness tampering, applying the reformative theory of punishment to allow release on personal bond with sureties.

What did the court decide?

Release of the applicant on bail upon furnishing a personal bond with two sureties and complying with specific conditions regarding attendance and conduct.

vijay kumar @ telhu Vs State of U.P. — Cheating and Forgery | Allahabad HC (2018)

¶1

Court No. - 23

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2945 of 2018

¶3

Applicant :- Vijay Kumar @ Telhu Opposite Party :- State Of U.P. Counsel for Applicant :- Mr Virendra Kumar Shukla Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

Heard Sri Virendra Kumar Shukla, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.

¶6

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 on 10.07.2014 someone has executed a registered sale deed of Arazi No. 994/0.0770 hectare and 996/0.1980 hectare situated in village Chhatari, Tehsil Kerakat, District Jaunpur recorded in the name of complainant in favour of Malti Devi, Lachi Devi and Tara Devi and the complainant who alleged himself to be the owner of the above said property has lodged an F.I.R. on 28.05.2016 against the applicant and three other persons. It is further submitted that complainant has filed original suit no. 917 of 2017 on 22.08.2014 before Civil Judge (Junior Division), Shahganj, Jaunpur against purchaser of above said Arazi praying therein that cancellation of alleged sale deed dated 10.07.2017. The said fact has been mentioned in para 7 of the affidavit filed in support of 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 20.11.2017. The applicant has no other reported criminal antecedent.

¶7

Learned A.G.A. opposed the prayer for bail.

¶8

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.

¶9

Without expressing any opinion on the merits of the case let the applicant Vijay Kumar @ Telhu involved in Case Crime No. 573 of 2016 under Section 419, 420, 467, 468, 471, 472, 120B I.P.C., Police Station Kerakat, District Jaunpur 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:-

¶10

The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

¶11

He will not tamper with the witnesses.

¶12

He will not indulge in any illegal activities during the bail period.

¶13

It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

¶14

In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

¶15

Order Date :- 30.1.2018 Arti Sharma

vijay kumar @ telhu v. State of U.P.

Case brief

What is this about?

What did the court decide?

vijay kumar @ telhu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Pradeep Kumar Chahar Vs State of U.P.

abdul kalaam Vs State of U.P.

Ashish Sharma Vs State of U.P.

Ikram Vs State of U.P.

sameer Vs State of U.P.

shahrukh Vs State of U.P.