Allowed

Lallu Alias Santosh v. State of U.P.

Allahabad HC21 Oct 2019BAIL/39723/2019

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by Lallu alias Santosh in a Case Crime No.144 of 2018 under IPC Sections 457, 380, and 411. Despite opposition by the A.G.A., the Court found it a fit case for bail without expressing an opinion on the merits, granting release subject to conditions.

What did the court decide?

Released on bail by executing a personal bond and furnishing two sureties each in the like amount, subject to five conditions regarding tampering with evidence, threatening witnesses, appearance in co

Lallu Alias Santosh 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. - 39723 of 2019

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Applicant :- Lallu Alias Santosh Opposite Party :- State Of U.P. Counsel for Applicant :- Shahroze Khan 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 Lallu alias Santosh in connection with Case Crime No.144 of 2018, under Sections 457, 380, 411 I.P.C., P.S. Dhebaruwa, District Siddharth Nagar.

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It was alleged in the first information report that two generators, one amplifier and a mixer machine was stolen by some unknown persons in the intervening night of 14/15.08.2018. The alleged stolen articles were recovered from the joint possession of the applicant and other co-accused.

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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 was not named in the first information report. He submitted that the joint recovery from the applicant and other co-accused person is not tenable in the eyes of law. He further submitted that there is no public witness of the alleged joint recovery. He further submitted that the previous criminal history of the applicant has satisfactorily been explained in the bail application. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 17.08.2018 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 Lallu alias Santosh 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 :- 21.10.2019

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R./

Lallu Alias Santosh v. State of U.P.

Case brief

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Lallu Alias Santosh v. State of U.P.

Case brief

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