Allowed

Kapil Bind v. State of U.P.

Allahabad HC19 Oct 2020BAIL/10421/2020

Case brief

AI extract

What is this about?

In this bail application, High Court at Allahabad allowed the release of the applicant on bail in a cheating and forgery case. The court relied on constitutional mandates and Apex Court precedents, imposing conditions to prevent tampering with evidence and ensuring cooperation with the trial.

What did the court decide?

Released on bail subject to personal bond and two sureties, with specific conditions to prevent tampering and ensure trial cooperation.

Kapil Bind Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10421 of 2020

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Applicant :- Kapil Bind Opposite Party :- State of U.P. Counsel for Applicant :- Ram Prakash,Ashok Kumar Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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The instant bail application has been filed on behalf of the applicant, Kapil Bind, with a prayer to release him on bail in Case Crime No. 17 of 2020, under Sections 406, 420 IPC, Police Station Bhadohi, District- Bhadohi, during pendency of trial.

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There is allegation in the FIR that applicant had withdrawn Rs.70,000/- from the account of the informant by misusing ATM card of the informant.

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Learned counsel for the applicant has submitted that the alleged incident took place on 03.11.2019 and the FIR was lodged on 27.01.2020. There is no explanation about the delay in lodging the first information report. If the informant was aware the name of the applicant, why FIR has not been lodged earlier. The recovery of disputed ATM card has not been made from the applicant, but the informant himself has presented the same before the police. The applicant has been falsely implicated in this case. He has history of one case explained in supplementary affidavit and is in jail since 27.01.2020.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.

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Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of

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the court concerned with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 19.10.2020 Ruchi Agrahari

Kapil Bind v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kapil Bind v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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