Umesh v. State of U.P.
Case brief
What is this about?
Criminal court granted bail to Umesh in a cheating and theft case following a Supreme Court dictum, imposing conditions to prevent tampering with witnesses and ensuring cooperation during trial.
What did the court decide?
Release of the applicant on bail upon execution of a personal bond and two sureties, subject to specific conditions.
What the court decided
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37409 of 2020
Applicant :- Umesh Opposite Party :- State of U.P. Counsel for Applicant :- Rohit Nandan Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned AGA for the State.
The instant bail application has been filed on behalf of the applicant, Umesh, with a prayer to release him on bail in Case Crime No.101 of 2020, under Sections 420, 379, 411 IPC, Police Station Sector 20 Noida, District- Gautam Budh Nagar during pendency of trial.
There is allegation in the first information report that the ATM card of the informant was misused by the unknown accused persons and Rs.2,75,000/- was withdrawn from his account for the purpose of shopping.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case. Recovery of 10 ATM cards of different persons have been allegedly made from him along with one knife. However, ATM card of the informant, Prem Pal Sharma, was not recovered from the applicant. Learned counsel for the applicant has further submitted that the ATM cards were planted and applicant has been implicated in this case but there is no public witness of recovery. He is in jail since 06.08.2020. Subsequently he has been implicated in one case after implication in the present case.
Issues for consideration
2 issues framed by the court
Whether the applicant should be released on bail given allegations of false implication and misuse of ATM card.
Whether bail can be granted with conditions considering the larger mandate of Article 21.
Parties & counsel
- applicant
Umesh
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/37409/2020
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