Allowed

Chaman Diwaker @ Pintu v. State of U.P.

Allahabad HC5 Nov 2019BAIL/45823/2019

Case brief

AI extract

What is this about?

This court allowed bail to the applicant, Chaman Diwaker @ Pintu, in a case involving offences under Sections 392 and 411 IPC. The court disposed of the bail application by releasing the applicant subject to personal bond and conditions, finding he deserved bail without deciding merits. No reasons were detailed beyond general circumstances.

What did the court decide?

Applicant released on bail subject to personal bond, two reliable sureties, and undertaking to court concerning trial conditions.

Chaman Diwaker @ Pintu 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. - 45823 of 2019

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Applicant :- Chaman Diwaker @ Pintu Opposite Party :- State of U.P. Counsel for Applicant :- Jawahar Lal Maurya 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.371 of 2019, under Sections 392 and 411 IPC, Police Station Kokhraj, District Kaushambi, 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 by the police due to previous some hot talk during checking of vehicles, therefore, a false recovery was shown from the possession of applicant i.e. one country made pistol and Rs.31,000/-. He is not named in the FIR, his name came into light during investigation and he has been arrested after one month of incident. Applicant is in jail since 11.09.2019 and he has no criminal history. 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 submitted that applicant name came into light during investigation. He and other co-accused has looted Rs.1,04000/-, mobile phone and some important papers from the motorcycle of Mandeep Kumar by broken lock.

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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 Chaman Diwaker @ Pintu be released on bail in the aforesaid case crime on his furnishing a

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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, he 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. Order Date :- 5.11.2019 I.A.Siddiqui

Chaman Diwaker @ Pintu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chaman Diwaker @ Pintu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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