Allowed

Atul Abrol v. State of U.P.

Allahabad HC18 Aug 2018BAIL/31314/2018

Case brief

AI extract

What is this about?

This criminal miscellaneous bail application concerns Atul Abrol, accused in a case under various IPCSections related to forgery and cheating. The High Court, without expressing an opinion on the merits, granted bail conditioned upon a personal bond and sureties.

What did the court decide?

Released on bail on personal bond of Rs.25,000/- and two sureties of Rs.25,000/- each subject to standard conditions.

Atul Abrol Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31314 of 2018

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Applicant :- Atul Abrol Opposite Party :- State Of U.P. Counsel for Applicant :- Rajeev Kumar Rai Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Atul Abrol with a prayer to release him on bail in Case Crime No. 778 of 2015, under Sections 420, 467, 468, 471, 120-B IPC, Police Station Kasna, District- Gautam Buddh Nagar, during pendency of trial.

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It is argued by the learned counsel for the applicant that the incident took place in the year 2006, the alleged offence came into knowledge of the applicant in the year 2010, and the application under Section 156 (3) Cr.P.C. was filed in the year 2013. The first information report has been lodged on 23.9.2015.

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It has been further argued that the applicant is not beneficiary of the transactions alleged in the first information report. The applicant is relative of the informant. The applicant is languishing in jail since 11.7.2015. He does not have any prior criminal history to his credit. One more case has been registered by the informant against the applicant wherein he has been enlarged on bail by the court below. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Having considered the submissions of 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

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and without expressing any opinion on the merits of the case, let the applicant Atul Abrol involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties of Rs.25,000/- each in the like amount with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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

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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.

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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 :- 18.8.2018 Ruchi Agrahari

Atul Abrol v. State of U.P.

Case brief

What is this about?

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Atul Abrol v. State of U.P.

Case brief

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