Allowed

Bechan Ram v. State of U.P.

Allahabad HC28 Sept 2020BAIL/19265/2020

Case brief

AI extract

What is this about?

The court granted bail to the applicant, Bechan Ram, in a money laundering case under IPC Sections 406, 409, and 420, directing furnishing of a personal bond and two sureties upon restoration of normal court functioning, while referring to the larger mandate of Article 21.

What did the court decide?

Released on bail with a personal bond and two sureties effective after short term bail period and normal court functioning, subject to specific conditions of bail.

Bechan Ram Vs State of U.P. — Corruption | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19265 of 2020

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Applicant :- Bechan Ram Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Singh,Udai Karan Saxena(Senior Adv.) 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, Bechan Ram, with a prayer to release him on bail in Case Crime No.1149 of 2019, under Sections 406, 409, 420 IPC, Police Station Cantt., District- Varanasi during pendency of trial.

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Despite time granted on 25.8.2020 to the learned A.G.A. to file counter affidavit, no counter affidavit has been filed.

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Allegation in the first information report is that the informant used to deposit amount in his post office account which was embezzled by clerk and he did not entered amount in his account.There is allegation of embezzlement of Rs.2,60,000/-.

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Learned counsel for the applicant, has submitted that applicant was not named in the first information report. He has been subsequently implicated because he was posted as Supervisor in the post office concerned. The applicant was supervisor and money was accepted by the clerk. Applicant has been falsely implicated in this case. He is in jail since 13.11.2019 and he has been enlarged on bail in similar cases.

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Learned AGA has opposed the prayer for bail of the applicant.

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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 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 :- 28.9.2020 Atul kr. sri.

Bechan Ram v. State of U.P.

Case brief

What is this about?

What did the court decide?

Bechan Ram v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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