Allowed

Nekse v. State of U.P.

Allahabad HC18 Sept 2019BAIL/36395/2019

Case brief

AI extract

What is this about?

In this bail application, the applicant, dressed as a senior citizen aged 62, claimed innocence and suggested the alleged forged order was provided by an advocate. The court, considering the nature of allegations and gravity of offences under Sections 420, 468, 471, 474 IPC without deciding on merits, held it a fit case for bail and granted release subject to conditions.

What did the court decide?

The applicant is released on bail on executing a personal bond and furnishing two sureties each in the like amount.

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

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36395 of 2019

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Applicant :- Nekse Opposite Party :- State Of U.P. Counsel for Applicant :- V.P. Singh Kashyap,Manish Kumar Kashyap 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 Nekse in connection with Case Crime No.13 of 2018, under Sections 420, 468, 471, 474 I.P.C., P.S. Jarifnagar, District Budaun.

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As per the allegations made in the first information report that the applicant had submitted the forged order of the Revenue Court in the Tehsil Diwas and on the basis of the aforesaid forged order, an stay order was passed by the concerned revenue authorities and after verification that order was found to be forged and a report was lodged by the concerned Lekhpal against the applicant.

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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 a senior citizen, aged about 62 years. He submitted that the alleged forged order of the Revenue court was given to the applicant by some Advocate and the applicant has nothing to do with the alleged forged order. He submitted that the applicant has not fabricated the aforesaid forged order. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 24.06.2019 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 Nekse 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 to the Court or to any police officer or tamper with the evidence.

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Order Date :- 18.9.2019

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R./

Nekse v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nekse v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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