Allowed

Sachin Kumar Singh v. State of U.P.

Allahabad HC3 Jan 2019BAIL/38108/2018

Case brief

AI extract

What is this about?

In a bail application, the Court allowed the release of the accused, Sachin Kumar Singh, under Sections 419, 420, 406, 467, 468, and 471 IPC. The release was based on the fact that other co-accused were already on bail and the applicant had no role in dividing the illicit money.

What did the court decide?

The applicant was released on bail upon executing a personal bond and furnishing two sureties each.

Sachin Kumar Singh Vs State of U.P. — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38108 of 2018

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Applicant :- Sachin Kumar Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.

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Crux of the argument raised by counsel for the applicant is that in this case the applicant is not the beneficiary of the transaction assuming it to be that any transaction took place between the informant and the accused side. FIR itself shows that the entire money was taken by the coaccused - Dhananjay Singh. There is no whisper that any amount was ever free zed or swindled by the applicant. The fact is that the similarly circumstanced main coaccused Dhananjay Singh has been admitted to bail by this Court in Criminal Misc. Bail Application No. 34984 of 2018 vide order dated 17.9.2018. Not only Dhananjay Singh but also another co-accused - Akhilesh Singh has also been admitted to bail by this Court in Criminal Misc. Bail Application No.37050 of 2018 vide order dated 27.9.2018. Copy of the said orders has been produced by the learned counsel for the applicant. The applicant is languishing in jail since 5.6.2018. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.

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Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.

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Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.

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Accordingly, bail application is allowed .

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Let the applicant - Sachin Kumar Singh involved in Case Crime No. - 274 of 2018, under Sections - 419, 420, 406, 467, 468, 471 I.P.C., Police Station - Civil Lines, District - Allahabad be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following

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conditions;

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(i)The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurise/intimidate the prosecution witness.

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(iii)The applicant will appear before the trial court on the date fixed.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 3.1.2019 S Rawat

Sachin Kumar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sachin Kumar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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