Allowed

Sushil Gaba v. State of U.P.

Allahabad HC8 Mar 2018BAIL/3712/2018

Case brief

AI extract

What is this about?

Criminal bail application by Sushil Gaba under IPC Sections 420 and 406. The court released the applicant on personal bond with two sureties on the grounds of innocent implication and absence of evidence to justify continued detention.

What did the court decide?

Release on bail with personal bond and two sureties subject to conditions including attendance at trial and no tampering with witnesses.

Sushil Gaba 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. - 3712 of 2018

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Applicant :- Sushil Gaba Opposite Party :- State Of U.P. Counsel for Applicant :- Udai Karan Saxena,Sudhanshu Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Rejoinder affidavit filed on behalf of applicant, is taken on record.

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Heard learned counsel for the applicant and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.

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It has been submitted by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that the dispute between the parties is purely of civil nature which has been dragged into criminal prosecution of the applicant. 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. It is further submitted that the criminal history of the applicant has been properly explained in para 16 of the affidavit filed in support of bail application.

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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 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 Sushil Gaba involved in Case Crime No. 339 of 2016, under Section 420, 406 I.P.C., Police Station Gagalhedi, District Saharanpur be released on bail on his furnishing a

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personal bond with two sureties 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 bail.

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Order Date :- 8.3.2018

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Arti

Sushil Gaba v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sushil Gaba v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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