Allowed

Dayachand v. State of U.P.

Allahabad HC29 Nov 2018BAIL/37943/2018

Case brief

AI extract

What is this about?

This court allowed a bail application for the applicant accused of cheating and forgery. The court emphasized no physical presence makes one guilty and no independent witness to recovery was noted. Considering circumstances, the applicant was released on bail with conditions.

What did the court decide?

Applicant to be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

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

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Court No. - 60

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37943 of 2018

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Applicant :- Dayachand Opposite Party :- State Of U.P. Counsel for Applicant :- Anand Ji Mishra,Kaushal Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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

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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. Mere presence at the gate of the district court would not ipso facto make him guilty. There is no independent witness to the fact of recovery. The police has planted false recovery against the applicant. In another case, applicant has already been admitted to bail by this Court vide order dated 12.10.2018 in Criminal Misc. Bail Application No.39582 of 2018, copy whereof has been produced by learned counsel for the applicant, the same is taken on record. The applicant does not bear any criminal history and is languishing in jail since 04.07.2018.

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

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Without expressing any opinion on merits of the 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.

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Accordingly, bail application is allowed.

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Let the applicant- Dayachand involved in Case Crime No.527 of 2018, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Soorajpur, District Gautambudh Nagar 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 with the following conditions:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 29.11.2018 Raj

Dayachand v. State of U.P.

Case brief

What is this about?

What did the court decide?

Dayachand v. State of U.P.

Case brief

What is this about?

What did the court decide?

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