Allowed

Namekar Alias Naimka v. State of U.P.

Allahabad HC1 Feb 2019BAIL/4787/2019

Case brief

AI extract

What is this about?

This court allowed a bail application in a criminal case involving cheating and forgery. The applicant claimed innocence and lack of witnesses, stating he languished in jail since June 2018. The court released him on personal bond and two sureties.

What did the court decide?

Release on bail with personal bond and two sureties of equal amount to the satisfaction of the court concerned.

Namekar Alias Naimka Vs State of U.P. — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4787 of 2019

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Applicant :- Namekar Alias Naimka Opposite Party :- State Of U.P. Counsel for Applicant :- Abhishek Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.

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Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The applicant has nothing to do with the allegations made against him. There is no independent public eye witness to the incident. His name surfaced in the confessional statement of other coaccused. Criminal history of the applicant has been explained in paragraph no.20 of the affidavit filed in support of this bail application. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant is languishing in jail since 10.6.2018.

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Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.

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Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.

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Accordingly, bail application is allowed .

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Let the applicant - Namekar Alias Naimka involved in Case Crime No. 973 of 2017, under Sections - 392, 411 I.P.C., Police Station - Surajpur, District - Gautambudh Nagar 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.

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Order Date :- 1.2.2019 S Rawat

Namekar Alias Naimka v. State of U.P.

Case brief

What is this about?

What did the court decide?

Namekar Alias Naimka v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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