Allowed

Dharam Prakash Chaubey v. State of U.P.

Allahabad HC23 Sept 2019BAIL/33964/2019

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a criminal matter involving cheating and forgery. Prosecution challenged the recovery of illegal liquor, and the court discharged the bail plea without expressing an opinion on merits as fit for release on personal bond with sureties.

What did the court decide?

The applicant shall be released on bail upon executing a personal bond and furnishing two sureties.

Dharam Prakash Chaubey Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

¶1

Court No. - 80

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33964 of 2019 Applicant :- Dharam Prakash Chaubey Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Prabodh Dubey Counsel for Opposite Party :- G.A.

¶3

Hon'ble Ajit Singh,J.

¶4

Heard learned counsel for the applicant and the learned A.G.A.

¶5

This is a bail application on behalf of the applicant Dharam Prakash Chaubey in connection with Case Crime No.98 of 2019, under Sections 417, 420, 467, 468, 471 I.P.C. and 60/72 Excuse Act, P.S. Bankata, District Deoria.

¶6

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 alleged recovery of 324 cartoons of illegal liquor shown from the possession of the applicant is totally fake and false. He submitted that there is no public witness of the alleged recovery. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 01.07.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.

¶7

Learned A.G.A. has opposed the bail plea.

¶8

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.

¶9

Accordingly, the bail application stands allowed.

¶10

Let the applicant Dharam Prakash Chaubey 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:

¶11

i) The applicant shall not tamper with the prosecution evidence.

¶12

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

¶13

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

¶14

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

¶15

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.

¶16

Order Date :- 23.9.2019 R./

Dharam Prakash Chaubey v. State of U.P.

Case brief

What is this about?

What did the court decide?

Dharam Prakash Chaubey v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Nasir Vs State of U.P.

Rahul Vs State of U.P.

Virendra Singh Chaudhary Vs State of U.P. and Another

Mehboob Vs State of U.P.

Ravindra Kumar Vashishtha @ Annu Vs State of U.P.

Hasmuddin @ Shahrukh Vs State of U.P.