Allowed

Ganga Prasad v. State of U.P.

Allahabad HC15 Feb 2018BAIL/3127/2018

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 3127 of 2018, the Single Judge of Court No. 23 granted bail to the applicant, Ganga Prasad, accused of criminal conspiracy, cheating, and forgery. The court observed that the applicant was entitled to release considering the nature of accusation, severity of punishment, and prima facie satisfaction of the charge, despite opposition by the State.

What did the court decide?

Release of the applicant on bail by furnishing personal bond with two sureties under statutory conditions to attend trial and refrain from tampering with witnesses or illegal activities.

Ganga Prasad 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. - 3127 of 2018

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Applicant :- Ganga Prasad Opposite Party :- State Of U.P. Counsel for Applicant :- Lalit Kumar Misra Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Lalit Kumar Misra,, learned counsel for the applicant and Sri Purshottam Maurya, 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 due to ulterior motive and he has committed no offence. It is next contended that the matter pertains to the civil dispute. It has been contended by the learned counsel for the applicant that the co-accused Kehar Singh @ Tehar Singh @ Sher Singh having similar role has been granted bail by this Court vide order dated 9.1.2019 in Criminal Misc. Bail Application No. 713 of 2018 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. 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 17.9..2017.The applicant has no other reported criminal antecedent.

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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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Without expressing any opinion on the merits of the case let the applicant Ganga Prasad involved in Case Crime No. 447 of 2016, under Sections 419, 420, 467, 468,471, 352, 504, 506 I.P.C., IPC,, Police Station Subhas Nagar, District Bareilly be

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released on bail on his furnishing a personal bond with two sure';ies 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 court below shall be at liberty to cancel the bai

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Order Date :- 15.2.2018 IA

Ganga Prasad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ganga Prasad v. State of U.P.

Case brief

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