Allowed

Chakravir v. State of U.P.

Allahabad HC14 Nov 2018BAIL/37585/2018

Case brief

AI extract

What is this about?

In this bail application, the court allowed the release of the applicant accused under Sections 392 and 411 IPC, observing that while the applicant was falsely implicated and lacked independent evidence of recovery, he was entitled to bail based on the surrounding facts and circumstances.

What did the court decide?

Release on bail by executing a personal bond and furnishing two sureties each.

Chakravir Vs State of U.P. — Cheating and Forgery | Allahabad HC (2018)

¶1

Court No. - 42

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37585 of 2018

¶3

Applicant :- Chakravir Opposite Party :- State Of U.P. Counsel for Applicant :- Hitesh Pachori,Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.

¶4

Hon'ble Arvind Kumar Mishra-I,J.

¶5

Sri Shailendra Kumar Rai has put his appearance on behalf of the informant.

¶6

Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.

¶7

Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence, confessional statement and extra judicial confession do not evoke any fact and cannot be relied upon which has been made on the basis of the detention of the applicant. Nothing incriminating has been recovered from possession of the applicant. There is no independent public witness to the fact of recovery. The name of the applicant surfaced in the confessional statement of the co-accused. He adds that there is no possibility of absconding, in case the applicant is admitted to bail, he will not misuse the liberty of bail. Under the similar circumstance co-accused Sachin Saxena and Km. Manisha have already been admitted to bail by this Court vide orders dated 24.09.2018 and 16.08.2018 in Criminal Misc. Bail Application Nos. 36070 of 2018 and 30839 of 2018. The applicant is languishing in jail since 11.07.2018.

¶8

Learned AGA has opposed prayer for bail. However, learned AGA has not disputed the aforesaid facts.

¶9

Without expressing any opinion on merits of the

¶10

case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.

¶11

Let the applicant Chakravir involved in Case Crime No. 807 of 2018, under Sections 392, 411 IPC, Police Station Sadar, District Agra be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

¶12

Order Date :- 14.11.2018 A. Tripathi

Chakravir v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chakravir 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dayanand Tiwari Alias Motu Vs State of U.P.

Amir Vs State of U.P.

Pooran Vs State of U.P.

Kunwarpal Alias Gabbar Vs State of U.P.

Deepu @ Deepak Vs State of U.P.

Deepu Pal @ Deep Singh Vs State of U.P.