Allowed

Ankur v. State of U.P.

Allahabad HC4 Jul 2019BAIL/24985/2019

Case brief

AI extract

What is this about?

In this bail application, the court considered the allegations of false implication and lack of independent witnesses. Finding it a fit case for bail regarding offences punishable under specified IPC sections, the court allowed the plea subject to sureties and standard conditions to ensure trial attendance.

What did the court decide?

Release of applicant on bail by furnishing personal bond and two reliable sureties subject to specified conditions.

Ankur 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. - 24985 of 2019

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Applicant :- Ankur Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A.,Avinash Pandey

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Hon'ble Ajit Singh,J.

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supplementary affidavit filed today is taken on record.

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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 bail application on behalf of the applicant in connection with Case Crime No. 127 of 2018, under Sections 395, 397, 412, 120B IPC, P.S. Biharigarh, District Saharanpur.

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The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case and he has not named in the FIR. He further submitted that the name of the applicant has come in this case in the confessional statement of applicant and other co-accused. He further submitted that there is no identification parade was conducted by the police. He further submitted that there is no independent or public witness of the said recovery. Offence is triable by the Magistrate. He further submitted that the co-accused Shahid alias Chand, having similar role, has already been enlarged on bail vide order dated 14.5.2019 passed by the another Bench of this Court in Criminal Misc. Bail Application No.20073 of 2019. Lastly, he submitted that the applicant has no criminal history and he is languishing in jail since 20.1.2019 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 AGA 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 Ankur be released on bail in 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 shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 4.7.2019 Mini

Ankur v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ankur v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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