Allowed

Adesh v. State of U.P.

Allahabad HC5 Nov 2019BAIL/44711/2019

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Adesh under Sections 420, 406, 411, 483, 34, and 120-B IPC. The applicant argued innocence and lack of evidence against him. The court granted bail subject to a personal bond, two sureties, and specific conditions to prevent tampering with witnesses, cooperation with the trial, and abstinence from criminal activities.

What did the court decide?

Bail granted on a personal bond and two sureties subject to conditions against tampering with evidence, cooperating with trial, and refraining from criminal activities.

Adesh 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. - 44711 of 2019

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Applicant :- Adesh Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.

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Accused-applicant, involved in Case Crime No.245 of 2019, under Sections 420, 406, 411, 483, 34 IPC, and Section 120-B IPC, Police Station Hapur Dehat, District Hapur, applied for bail.

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Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Nothing has been recovered from the possession of the applicant; accused-applicant is not named in the FIR; his name came into light during investigation on the statement of one Ankur. Applicant is in jail since 08.09.2019. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and admitted that nothing has been recovered from the possession of accused-applicant.

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Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction and without commenting upon the merit of the case, applicant deserves bail.

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Accordingly, bail application is allowed.

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Let applicant-Adesh be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-

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The applicant shall not tamper with the evidence or threaten the witnesses.

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The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, applicant shall not indulge in any criminal activities or case.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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Order Date :- 5.11.2019 Akram

Adesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Adesh v. State of U.P.

Case brief

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