Allowed

Janit Kumar v. State of U.P.

Allahabad HC4 Nov 2020BAIL/6836/2020

Case brief

AI extract

What is this about?

Court granted bail to Janit Kumar charged under Sections 420, 406 IPC, allowing a personal bond without sureties initially amidst the corona virus crisis. Bail subject to conditions including no tampering with evidence and cooperation in trial.

What did the court decide?

Released on bail with a personal bond and two sureties to be verified later; no sureties required until normal court functioning is restored.

Janit Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6836 of 2020

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Applicant :- Janit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard Sri Ishwar Chandra Tyagi, counsel for the applicant and learned A.G.A for the State.

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The allegation in the FIR is that the informant got a fake call from Naukri.Com informing that he has been selected in IBM Company and has to deposit money as processing fee. The applicant later came to know that he has been cheated of Rs. 1 lakh by co-accused, Anup Gupta. Other allegations were made against other co-accused persons in the FIR regarding receipt of further amounts. The applicant was neither named in the FIR nor there is any allegation of transfer of any money to him.

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Counsel for the applicant has submitted that the applicant has been falsely implicated in this case along with co-accused and six mobile phones, two smart phones and four laptops were recovered from their possession. Counsel for the applicant has submitted that the mobile recovered were not used in the alleged offence. He talked to co-accused and therefore their numbers find place in the call history. It has further been submitted that the applicant is in jail since 19.12.2019 and has no criminal history to his credit. The offences alleged are triable by Magistrate. There is no possibility of earlier conclusion of trial in view of spread of novel corona virus.

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Learned A.G.A has opposed the bail application of the applicant but could no dispute the above arguments.

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Janit Kumar , in Case Crime No. 1058 of 2019, under Sections- 420, 406 IPC, Police Station- Noida Sector 39, District- Gautam Budh Nagar, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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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.

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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 :- 4.11.2020 Rohit

Janit Kumar v. State of U.P.

Case brief

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Janit Kumar v. State of U.P.

Case brief

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