Allowed

Krishna v. State of U.P.

Allahabad HC19 Aug 2019BAIL/33146/2019

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Krishna in a criminal matter involving cheating, forgery, and IT Act offences. The applicant was released on a personal bond with two sureties subject to standard conditions including non-interference with witnesses and appearance before the trial court.

What did the court decide?

The applicant Krishna be released on bail on executing a personal bond and furnishing two sureties each in the like amount with specific conditions.

Krishna 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. - 33146 of 2019

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Applicant :- Krishna Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Iqbal Farooqui,Indra Mohan Singh 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 Krishna in connection with Case Crime No.280 of 2019, under Sections 406, 420, 34 I.P.C. read with Section 66-D I.T.Act, P.S. Pilkhuwa, District Hapur.

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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 was not named in the first information report and nothing incriminating was recovered from the possession of the applicant or on his pointing out. He further submitted that the applicant had not used his phone and the cheated money was not transferred in his bank account. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 27.06.2019 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 Krishna 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; 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 :- 19.8.2019

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R./

Krishna v. State of U.P.

Case brief

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Krishna v. State of U.P.

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