Allowed

Sunil v. State of U.P.

Allahabad HC12 Jul 2019BAIL/23950/2019

Case brief

AI extract

What is this about?

In a bail application under IPC Sections 392 and 411, the court granted bail to the applicant, who was arrested in a police encounter and later implicat by a co-accused' statement, holding him entitled to release during trial pending a detailed appreciation of evidence.

What did the court decide?

Released on bail on executing a personal bond and furnishing two sureties each in like amount, subject to conditions.

Sunil 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. - 23950 of 2019

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Applicant :- Sunil Opposite Party :- State Of U.P. Counsel for Applicant :- Rakesh Kumar Verma 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, learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant who is involved in Case Crime No. 57 of 2019, under Sections 392, 411 I.P.C., Police Station-Sadar Bazar, District-Saharanpur , is seeking enlargement on bail during the trial.

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Learned counsel for the applicant submitted that the present applicant was not named in the first information report and he was arrested in police encounter. His name as an accused in the present case surfaced for the first time in the confessional statement of co-accused Shivraj Singh. No identification parade was conducted. He next submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He further submitted that other co-accused Shivraj Singh and Manoj have already been granted bail by another Bench of this Court vide orders dated 27.06.2019 and 10.06.2019 passed in Criminal Misc. Bail Application Nos. 24712 of 2019 and 23884 copy of the bail orders produced by learned counsel for the applicant is taken on record. He lastly submitted that the applicant has no criminal history. He is languishing in jail since 02.02.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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The prayer for bail has been vehemently opposed by learned A.G.A.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Sunil be released on bail on his executing a

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personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 57 of 2019, under Sections 392, 411 I.P.C., Police StationSadar Bazar, District-Saharanpur subject to the following conditions:-

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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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He will not tamper with the witnesses.

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He 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 :- 12.7.2019

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sweta

Sunil v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sunil v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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