Allowed

Shankar Prajapati and Another v. State of U.P.

Allahabad HC4 Apr 2018BAIL/6381/2018

Case brief

AI extract

What is this about?

Court granted bail to accused applicants in a cheating case involving Sections 419, 420, and 406 IPC, citing unnecessary delay in FIR and lack of chance of absconding. Bail granted on personal bond and two sureties with specific conditions regarding court appearances.

What did the court decide?

Applicants released on bail on personal bonds and two sureties each, subject to conditions regarding court appearance and no adjournments.

Shankar Prajapati and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6381 of 2018

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Applicant :- Shankar Prajapati And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Ajit Manit Tripathi,Kedar Nath Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Rekha Dikshit,J.

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Heard learned counsel for the applicants, learned AGA for the State and perused the record.

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Learned counsel for the applicants has submitted that accused applicants have falsely been implicated in the present case due to ulterior motive. It is further submitted that the first information report has been lodged after lapse of five years without explaining proper reason. The accused applicants are languishing in jail since 26.09.2017. It is next submitted that the applicants are neither previous convict nor they have any criminal history. It is further submitted that there is no possibility of the applicants of fleeing away from judicial custody or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicants.

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Without expressing any opinion on the merits of the case and 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, the applicants are entitled to be released on bail in this case.

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Let the applicants, namely, Shankar Prajapati and Subash Prajapati, involved in Case Crime No.597 of 2017, under Sections 419, 420, 406, 504, 506 IPC, Police Station Cantt., District Gorakhpur, be released on bail on their furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicants shall file undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their 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 applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed

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in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicants 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 applicants 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 them in accordance with law.

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Order Date :- 4.4.2018 Anupam S/-

Shankar Prajapati and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shankar Prajapati and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

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