Allowed

Shambhu Kumar v. State of U.P.

Allahabad HC17 Nov 2018BAIL/43903/2018

Case brief

AI extract

What is this about?

Hon'ble Court, while not expressing opinion on merits, granted bail to the applicant accused of cheating and forgery offenses, considering his innocence claim, lack of criminal history, and similar bail granted to a co-accused, subject to stringent conditions against tampering and intimidation.

What did the court decide?

Bail allowed on personal bond and two sureties with conditions against tampering, intimidation, and mandatory court appearances.

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

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Court No. - 42

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43903 of 2018

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Applicant :- Shambhu Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Satish Kumar Dwivedi 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 A.G.A. 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. Similarly circumstanced co-accused Vinod Giri has been admitted to bail by this Court vide order dated 26.10.2018 in Criminal Misc. Bail Application Nos.40731 of 2018. He adds that if the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no previous criminal history and is languishing in jail since 16.09.2018.

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Learned A.G.A. has opposed prayer for bail. However, he 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 Shambhu Kumar involved in Case Crime No. 622 of 2018, under Sections 419, 420, 467, 468, 471 I.P.C. & Section 60 of Excise Act, Police Station Kasya, District Kushi 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 will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurise/intimidate the prosecution witness.

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(iii)The applicant will appear before the trial court on the date fixed.

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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 :- 17.11.2018 S Rawat

Shambhu Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shambhu Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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