Allowed

Kamlesh Kumar Patel v. State of U.P.

Allahabad HC2 Aug 2019BAIL/18016/2019

Case brief

AI extract

What is this about?

Single judge criminal court disposed of second bail application regarding Sections 409, 419, 420, 467, 468, 471, 204, 120-B IPC. Court held it a fit case for bail pending trial, relying on prior decision Data Ram. Applicant released on personal bond and sureties.

What did the court decide?

Application allowed; applicant released on bail by furnishing personal bond and two reliable sureties of like amount subject to specified conditions.

Kamlesh Kumar Patel Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18016 of 2019

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Applicant :- Kamlesh Kumar Patel Opposite Party :- State Of U.P. Counsel for Applicant :- Sujeet Kumar Rai,Dhirendra Pratap Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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This is a second bail application on behalf of the applicant in connection with Case Crime No. 1185 of 2013, under Sections 409, 419, 420, 467, 468, 471, 204, 120-B I.P.C., P.S. Shyam Deorawa, District Maharajganj. Initial bail application was dismissed as withdrawn.

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The contention of the learned counsel for the applicant is that the accused is absolutely innocent and he has been falsely implicated in the present case due to ulterior motive. He submitted that the only role that has been assigned to the present accused is that he did not disclose the embezzlement which was committed by the co-accused Ram Chandra Pandey. He further submitted that the co-accused Ram Chandra Pandey who was having similar role, has already been enlarged on bail vide order dated 10.05.2019 passed by another Bench of this Court in Criminal Misc. Bail Application No. 12201 of 2019.

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He has placed reliance in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 . The accused is languishing in jail since 16.01.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed .

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Let the applicant Kamlesh Kumar Patel be released on bail in

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the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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

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ii) The applicant will not tamper with the witnesses.

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iii) The applicant will not indulge in any illegal activities during the bail period.

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

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

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Order Date :- 2.8.2019 Shanu

Kamlesh Kumar Patel v. State of U.P.

Case brief

What is this about?

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Kamlesh Kumar Patel v. State of U.P.

Case brief

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