Allowed

Gautam v. State of U.P.

Allahabad HC11 Jan 2019BAIL/38215/2018

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 38215 of 2018, the Court allowed bail for the applicant accused of theft and cheating. The Court granted relief based on prima facie satisfaction of court in support of charges and absence of reasonable apprehension of tampering.

What did the court decide?

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

Gautam 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. - 38215 of 2018

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Applicant :- Gautam Opposite Party :- State Of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais,Sunil Kumar Tiwari 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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Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The applicant is not named in the first information report. He has no role to play in the commission of the offence. No offence has been committed by the applicant. The police after arresting the applicant has slapped false cases against him. Nothing incriminating has been recovered from the possession of the applicant. Moreover, there is no independent public witness to the fact of alleged recovery. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 4.8.2018.

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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 - Gautam involved in Case Crime No. 214 of 2018, under Sections - 379, 420, 411 I.P.C., Police Station - Behat, District - Saharanpur 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.

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Order Date :- 11.1.2019 S Rawat

Gautam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gautam v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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