Allowed

Om Prakash v. State of U.P.

Allahabad HC19 Oct 2019BAIL/39350/2019

Case brief

AI extract

What is this about?

Single judge allowed bail on behalf of Om Prakash charged with cheating and criminal breach of trust. Court treated case as fit for bail, releasing applicant on personal bond and two sureties subject to standard conditions without expressing opinion on merits.

What did the court decide?

Release on bail subject to personal bond and two sureties with conditions not to tamper with evidence or flee.

Om Prakash Vs State of U.P. — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39350 of 2019

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Applicant :- Om Prakash Opposite Party :- State Of U.P. Counsel for Applicant :- Shyam Surat Shukla Counsel for Opposite Party :- G.A.,Chandra Bhan Dubey,Umesh Kumar

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Hon'ble Ajit Singh,J.

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List has been revised.

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Heard learned counsel for the applicant and the learned A.G.A. Learned counsel for the respondent no.2 is not present.

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This is a bail application on behalf of the applicant Om Prakash in connection with Case Crime No.1510 of 2018, under Sections 420, 406, 504, 506 I.P.C., P.S. Sihanigate, District Ghaziabad.

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The first information report was lodged in pursuance of an application filed under Section 156 (3) Cr.P.C.. It was alleged in the application that Rs.3 lacs were taken by the applicant from the complainant in the year 2014 and registered agreement to sale was executed but till date the sale deed has not been executed by 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 complainant has filed a suit for specific performance of the alleged dispute, which is pending disposal in the civil court. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 28.08.2019 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 Om Prakash 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 :- 19.10.2019

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R./

Om Prakash v. State of U.P.

Case brief

What is this about?

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Om Prakash v. State of U.P.

Case brief

What is this about?

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