Allowed

Anuj v. State of U.P.

Allahabad HC7 May 2019BAIL/15483/2019

Case brief

AI extract

What is this about?

This criminal miscellaneous bail application was allowed. The High Court granted bail to the applicant Anuj, involved in a case of cheating and criminal breach of trust, subject to standard conditions, noting that the accused disputed the fraud claim and had no criminal antecedents.

What did the court decide?

Bail granted with a personal bond and two sureties, subject to conditions against tampering with evidence, committing criminal activities, or intimidating witnesses.

Anuj Vs State of U.P. — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15483 of 2019

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Applicant :- Anuj Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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Heard learned counsel for the applicant, learned counsel for informant, learned A.G.A. and perused the record.

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By means of this application, the applicant Anuj, who is involved in Case Crime No. 1216 of 2018, under Sections 406, 420, 467, 468, 471 I.P.C., P.S. Baraut, District Baghpat, is seeking enlargement on bail.

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It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in this very case crime number; accusation of criminal breach of trust of Rs.3,70,000/- was said by informant, whereas entire amount has been paid to informant and no fraud or misappropriation was done by accused-applicant; it was a bona fide transaction, in which this case was got lodged; accused-applicant is of no criminal antecedents, hence bail has been prayed for.

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Learned counsel for informant accepted this fact that entire amount of Rs.3,70,000/- had been paid back to informant.

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

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Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.

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Let the applicant Anuj , involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 7.5.2019 NS

Anuj v. State of U.P.

Case brief

What is this about?

What did the court decide?

Anuj v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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