Allowed

Deepak v. State of U.P.

Allahabad HC3 Jan 2020BAIL/57283/2019

Case brief

AI extract

What is this about?

The single judge granted bail to the applicant Deepak in a theft case (Sections 411 and 414 IPC, Loni Police Station, Ghaziabad). He has been in jail since September 2019 and was alleged to be falsely implicated. Bail subject to bond and conditions.

What did the court decide?

Applicant released on bail upon furnishing a personal bond and two sureties of like amount, subject to conditions regarding appearance and conduct.

Deepak 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. - 57283 of 2019

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Applicant :- Deepak Opposite Party :- State of U.P. Counsel for Applicant :- Atul Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Pradeep Kumar Srivastava,J.

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Heard Sri Atul Shukla, learned counsel for the applicant, 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 applicant namely Deepak with a prayer to enlarge him on bail in Case Crime No. 934 of 2019, under Sections 411 and 414 IPC, Police Station Loni, District Ghaziabad.

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The FIR has been lodged by the police on the accused-applicant being arrested and on checking he was found in possession of Rs. 55,000/-, stolen bicycle and seven mobiles and on being inquired he confessed that he along with other co-accused persons used to commit theft and disposed of his stolen property and as such they have committed several act of theft.

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The submissions of learned counsel for the applicant is that the applicant has been falsely implicated in the present case with regard to the criminal history. He has further submitted that in all three cases he has been enlarged on bail by the learned court below and the orders of bail have been attached with the bail application. Offence is triable by Court of Magistrate and is punishable for three years imprisonment. He has further submitted that there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. The applicant is languishing in jail since 28.9.2019 hence, he is entitled to bail.

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Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has further submitted that after investigation, the police has submitted charge sheet against the accused for the offence under Section 414 IPC only for assisting in concealment of stolen property.

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Considering the facts and circumstances of the case as well as

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submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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

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

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

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(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his 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 :- 3.1.2020

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Mini

Deepak v. State of U.P.

Case brief

What is this about?

What did the court decide?

Deepak v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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