Allowed

Ashish Kumar v. State of U.P.

Allahabad HC16 Nov 2019BAIL/49607/2019

Case brief

AI extract

What is this about?

This is a bail application under Sections 343, 386, and 506 IPC. The applicant was not arrested on the spot or named in the FIR. The High Court, considering the facts and severity of punishment, allowed bail and enforced conditions regarding trial completion.

What did the court decide?

Bail was allowed on a personal bond and two reliable sureties subject to specific conditions of conduct and trial completion.

Ashish Kumar 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. - 49607 of 2019

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Applicant :- Ashish Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Mohit Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard Sri Mohit Singh, 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.392 of 2019, under Sections 343, 386, 506 I.P.C., Police Station Nakhasa, District Sambhal, 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; he has committed no offence; prosecution story is false and fake. It has further been submitted that the applicant is not named in F.I.R. but his name came into light during investigation. The applicant was not arrested on spot. It is further contended that nothing has been recovered from the possession of the applicant. The recovery shown by the police from the applicant is false and fake. He further argued that co-accused Arshi has been granted bail by this Court or co-ordinate Bench of this Court vide order dated 6.11.2019 and 14.11.2019 in Criminal Misc. Bail Application No.46524 of 2019. Applicant is in jail since 2.9.2019. 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.

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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, evidence collected by I.O. during investigation 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 Ashish Kumar 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, 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.

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However, it is provided that Trial Court shall proceed the trial in view of Section 309 Cr.P.C., expedite and conclude the trial within one year from the date of production of certified copy of this order without granting unnecessary adjournment, if there is no legal impediment. In case, trial is not decided in the stipulated time, Trial Court shall inform this Court explaining entire circumstances and seek further time, otherwise it shall be treated as disobedience of the order of this Court.

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Order Date :- 16.11.2019 Manoj

Ashish Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ashish Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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