Allowed

Yogesh Solanki @ Chhotu v. State of U.P.

Allahabad HC17 Oct 2019BAIL/40909/2019

Case brief

AI extract

What is this about?

In this criminal bail application, the applicant sought release from custody involving a cheating and forgery case. Relying on judicial precedents regarding false implication and lack of evidence, the Court granted bail pending trial subject to specific conditions.

What did the court decide?

The applicant was released on bail on a personal bond with two sureties, subject to conditions of attending trial and maintaining good conduct.

Yogesh Solanki @ Chhotu 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. - 40909 of 2019

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Applicant :- Yogesh Solanki @ Chhotu Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Singh,Ajay Vikram Yadav 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, learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant who is involved in Case Crime No. 488 of 2019, under Sections 392 and 411 I.P.C., P.S. North, districtFirozabad, is seeking enlargement on bail during the trial.

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The first information report was lodged by the informant, alleging therein that when he was returning his house from his company namely, Shankar Machinary Company and when he reached near Arya Nagar Gali No. 18, suddenly two unknown persons came on a motorcycle and snatched his Realme mobile phone and fled away.

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Learned counsel for the applicant submitted that neither the applicant was named in the first information report nor he has committed any offence. He is absolutely innocent and has been falsely implicated in the present case. The applicant was arrested by the police during police search and one mobile phone was alleged shown recovered from him. The recovery which was allegedly shown from the applicant was planted by the police. Neither there is any public witness of the alleged recovery nor any proper identification of the alleged recovery or of accused was conducted during investigation. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 3.8.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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The prayer for bail has been vehemently opposed by learned A.G.A.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the

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applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Yogesh Solanki @ Chhotu involved in the aforesaid case 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 subject to the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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

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Order Date :- 17.10.2019 Faridul

Yogesh Solanki @ Chhotu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Yogesh Solanki @ Chhotu v. State of U.P.

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