Allowed

Niraj Kumar v. State of U.P.

Allahabad HC20 Aug 2019BAIL/31300/2019

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Niraj Kumar, an employee of a sugar mill accused of cheating and criminal breach of trust. The court found it a fit case for bail without expressing any opinion on merits, directing release on bail upon payment of amount and furnishing of sureties.

What did the court decide?

Release on bail to be executed on payment of security within two months and furnishing of two sureties.

Niraj Kumar 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. - 31300 of 2019

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Applicant :- Niraj Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Neeraj Srivastava 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 the learned A.G.A.

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This is a bail application on behalf of the applicant Niraj Kumar in connection with Case Crime No.170 of 2019, under Sections 420, 406 I.P.C., P.S. Bhojpur, District Moradabad.

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant is the employee of the mill and the duty of the applicant was to purchase the sugar-cane on behalf of the mill. He further submitted that the applicant has sent all the sugar-cane from the sugar-cane centres to the mill gate which was purchased by him and he was not given any account statement of the sugar-cane when he demanded from the sugar mill. He further submitted that the applicant is ready to deposit Rs.50,000/-. He submitted that the applicant is languishing in jail since 04.07.2019 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 Niraj Kumar involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with 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

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to the Court or to any police officer or tamper with the evidence.

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vi) The applicant will deposit Rs.50,000/- within two months from the date of his release from the jail.

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Order Date :- 20.8.2019

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R./

Niraj Kumar v. State of U.P.

Case brief

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Niraj Kumar v. State of U.P.

Case brief

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