Allowed

Pradeep Kumar Shukla v. State of U.P.

Allahabad HC6 May 2019BAIL/18964/2019

Case brief

AI extract

What is this about?

In a Criminal Miscellaneous Bail Application, the Court granted bail to the applicant accused of cheating, forgery, and dishonestly inducing delivery of property, applying principles of parity and considering the absence of criminal history.

What did the court decide?

Grant of bail on personal bond and two sureties with conditions against tampering, harassment, and unlawful activities.

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

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18964 of 2019

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Applicant :- Pradeep Kumar Shukla Opposite Party :- State Of U.P. Counsel for Applicant :- Krishna Dutt Mishra,Jagat Narayan Mishra

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Counsel for Opposite Party :- G.A.

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Hon'ble Pradeep Kumar Srivastava,J.

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Heard Shri Jagat Narayan Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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Learned counsel for the applicant has submitted that F.I.R. was registered against the unknown persons with regard to 370 bags of 222 quintal of wheat were looted on truck No. UP70 ET 2690 and the driver did not reached to the destination in the same city. Learned counsel for the applicant has further submitted that the subsequently the truck was recovered alongwith looted wheat. Learned counsel for the applicant has submitted that the co-accused Lavkush Shukla has been granted bail by another Bench of this Court vide order dated 25.04.2019 passed in Criminal Misc. Bail Application No. 17383 of 2019, and in view thereof, applicant is also entitled to bail on the ground of parity. It is further contended that applicant has no criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 14.03.2019 and undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. has vehemently opposed the prayer.

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Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case, nature of accusation against the applicant, severity of punishment to be awarded in case of conviction and without commenting on the merits of the case, I find it to be a case of bail.

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Let applicant Pradeep Kumar Shukla be released on bail in Case Crime No. 51 of 2019, under Sections 420, 406, 467, 468, 471, 411, 504, 506 I.P.C., P.S. Rajapur, District Chitrakoot, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will not tamper with prosecution evidence and

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will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 6.5.2019

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Bhanu

Pradeep Kumar Shukla v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pradeep Kumar Shukla v. State of U.P.

Case brief

What is this about?

What did the court decide?

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