Allowed

Surendra Gulia @ Guriya v. State of U.P.

Allahabad HC13 Feb 2018BAIL/5339/2018

Case brief

AI extract

What is this about?

This court granted bail to the applicant in a criminal case involving IPC offenses. The court held that the applicant was entitled to release on bail considering the reformative theory of punishment, reasonable apprehension of witness tampering, and prima facie satisfaction of charges. The applicant must furnish a personal bond with sureties.

What did the court decide?

Bail granted on personal bond with two sureties. Conditions: attend trial, no tampering with witnesses, no illegal activities.

Surendra Gulia @ Guriya Vs State of U.P. — Cheating and Forgery | Allahabad HC (2018)

¶1

Court No. - 23

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5339 of 2018

¶3

Applicant :- Surendra Gulia @ Guriya Opposite Party :- State Of U.P. Counsel for Applicant :- Nasiruzzaman Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

Heard Sri Nasiruzzaman, learned counsel for the applicant and Sri Purshottam Maurya, learned A.G.A. appearing for the State.

¶6

Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and he has committed no offence.The applicant is not named in the F.I.R. and the applicant has not been arrested on the spot. Further, nothing has been recovered from the possession of the applicant. It is next contended that there is no independent witness of the alleged recovery.It is also contended that coaccused namely Sabir and Islamuddin having similar role to that of the applicant have already been released on bail by this Court; copies of which have been annexed as annexure-4 on pages 20 & 22 in support of the bail application, hence the applicant is also entitled to be released on bail. 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 8.3.2017. The applicant has no other reported criminal antecedent.

¶7

Learned A.G.A. opposed the prayer for bail.

¶8

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 reformative theory of punishment, the applicant is entitled to be released on bail in this case.

¶9

Without expressing any opinion on the merits of the case let the applicant Surendra Gulia @ Guriya involved in Case Crime No.224 of 2016, under sections 392, 411,420. 427 I.P.C., Police

¶10

Station Tappal, District Algarh be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

¶11

The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

¶12

He will not tamper with the witnesses.

¶13

He will not indulge in any illegal activities during the bail period.

¶14

It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

¶15

In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

¶16

Order Date :- 13.2.2018 IA

Surendra Gulia @ Guriya v. State of U.P.

Case brief

What is this about?

What did the court decide?

Surendra Gulia @ Guriya 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

Nadeem Vs State of U.P.

Chhedi Lal Yadav Vs State of U.P.

raju Vs State of U.P.

Preetam Vs State of U.P.

Jagveer Singh Vs State of U.P.

umesh yadav Vs State of U.P.