Allowed

Tarun v. State of U.P.

Allahabad HC29 Sept 2020BAIL/28345/2020

Case brief

AI extract

What is this about?

Allowed bail to applicant Tarun under Sections 379, 411 IPC. Court held it was a fit case for bail as a co-accused in identically placed circumstances was already released, without expressing opinion on merits of the case, citing Dataram Singh.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties, subject to specific conditions regarding conduct and verification of orders.

Tarun 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. - 28345 of 2020

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Applicant :- Tarun Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Only filing of certified copy of the first information report and free copy of bail rejection order is exempted. Applicant will file affidavit as per his declaration.

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

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Order on Criminal Misc. Exemption Application

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This exemption application is allowed.

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Order on Criminal Misc. Bail Application

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The instant bail application has been filed on behalf of the applicant, Tarun, with a prayer to release him on bail in Case Crime No. 318 of 2019, under Sections 379, 411 I.P.C, Police Station-Baraut, District- Baghpat, during pendency of trial.

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The co-accused, Mustafa, has been enlarged on bail in Criminal Misc. Bail Application No.5066 of 2020. The prayer for release of the applicant on bail on the ground of parity has been made. The applicant is languishing in jail since 11.03.2019.

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Considering the fact that the identically placed coaccused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.

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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

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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 :- 29.9.2020 SS

Tarun v. State of U.P.

Case brief

What is this about?

What did the court decide?

Tarun v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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