Allowed

Sandeep Gaur v. State of U.P.

Allahabad HC15 Oct 2019BAIL/38177/2019

Case brief

AI extract

What is this about?

This judgment grants interim bail to Sandeep Gaur in a criminal case under Sections 408, 411, and 120B IPC. The court found it a fit case for bail despite the severity of allegations, noting alleged fabrication in recovery and applicant's lack of criminal history.

What did the court decide?

Release on bail with personal bond and two sureties subject to specific conditions regarding conduct and appearance.

Sandeep Gaur Vs State of U.P. — Cheque Dishonour | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38177 of 2019

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Applicant :- Sandeep Gaur Opposite Party :- State Of U.P. Counsel for Applicant :- Sati Shanker Tripathi 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 learned A.G.A. for the State.

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This is a bail application on behalf of the applicant in connection with Case Crime No. 378 of 2019, under Sections 408, 411, 120B IPC, P.S. Bisrakh, District Gautam Budh Nagar.

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The FIR of this incident was lodged by the supervisor of transport company against the driver of the truck with the allegation that the driver had gone with the loaded truck and the truck and driver were not traceable and the batteries were loaded in the truck, which was to be transported to the State of Uttrakhand from West Bengal and the driver had not followed the proper route. After some time the driver was arrested by the police and on the information given by the driver the present accused was arrested and certain recoveries of batteries and Rs. 4 lacs were allegedly recovered from the possession of the present accused.

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The contention of the learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case due to ulterior motive and he was not named in the FIR. It is further contended that the alleged recovery which has been shown from the applicant's possession is totally fake and false. There is no public witness of the alleged recovery. It is further contended that if it may be considered that some offence has been committed of this accused it goes to only under Section 411 IPC. Offence is triable by the Magistrate. Lastly, he submitted that the applicant has no criminal history and he is languishing in jail since 4.7.2019 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 AGA 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 Sandeep Gaur be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to 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 :- 15.10.2019 Mini

Sandeep Gaur v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sandeep Gaur v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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