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Sudhir Kumar Singh and Another v. State of U.P.

Allahabad HC8 Jan 2020BAIL/520/2020

Case brief

AI extract

What is this about?

Bail application filed by Sudhir Kumar Singh and Dharmpal alias Bhumipal Singh challenging their detention in a cheating case. The court granted bail subject to conditions including furnishing a bond and two sureties, without expressing an opinion on the merits of the charges.

What did the court decide?

Applicants released on bail on personal bond and two sureties of equal amount subject to standard conditions.

Sudhir Kumar Singh and Another Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 520 of 2020

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Applicant :- Sudhir Kumar Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Pradeep Kumar Srivastava,J.

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Heard Sri Prem Chandra Dwivedi, learned counsel for the applicants, learned A.G.A. for the State and perused the record of the present bail application.

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The present bail application has been filed by the applicants namely Sudhir Kumar Singh and Dharmpal alias Bhumipal Singh with a prayer to enlarge them on bail in Case Crime No.875 of 2019, under Sections 420, 406, 411 I.P.C., Police Station Etmaddaula, District Agra.

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As per FIR version, the applicants by involving in chatting on facebook and whatsup promise to send aggrieved persons to Macau for that he took Rs. 11,50,000/- from all 13 persons. Subsequently, after getting the money, the applicants closed the account on facebook and whatsup and also closed the mobile and, thereafter, FIR was lodged. Subsequently, during investigation the money was recovered from the applicants.

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Learned counsel for the applicants has submitted that the applicants have been falsely implicated in the present case. He has further submitted that the recovered money has already been given to the aggrieved persons. He has also submitted that the applicants have no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicants are enlarged on bail, they shall not misuse the liberty of bail. The applicants are languishing in jail since 7.11.2019, hence, they are entitled to bail.

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Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicants but could not dispute the aforesaid facts as argued by the learned counsel for the applicants. He has further submitted that after investigation, the police has submitted charge sheet in the matter.

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Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also

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perusing the material on record, without expressing any opinion on merit of the case, let the applicants involved in aforesaid case crime be released on bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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(i) The applicants shall not indulge in any criminal activity.

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(ii) The applicants shall not tamper with the prosecution evidence.

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(iii) The applicants shall not pressurize the prosecution witnesses.

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(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their personal attendance is exempted by the trial court.

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In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.

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Order Date :- 8.1.2020 Mini

Sudhir Kumar Singh and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sudhir Kumar Singh and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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