Allowed

Sanjeev Singh Yadav v. State of U.P. and Another

Allahabad HC7 Oct 2020CRLA/612/2020

Case brief

AI extract

What is this about?

The Court granted bail to the applicant, a marginal witness falsely implicated, subject to the condition that two cheques given by a co-accused (Virendra Singh) are cleared in favor of the complainant by the time of furnishing the bond.

What did the court decide?

Appellant released on bail on furnishing personal bond with two sureties, subject to clearing of two cheques given by Virendra Singh in favor of complainant.

Sanjeev Singh Yadav Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2020)

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Court No. - 1

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Case :- CRIMINAL APPEAL No. - 612 of 2020

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Appellant :- Sanjeev Singh Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Rakesh Pathak,Ajendra Kumar,Balbeer Singh,Satya Narayan Yadav Counsel for Respondent :- G.A.,Avanish Kumar Shukla

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Hon'ble Ramesh Sinha,J.

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Re: Criminal Misc. Bail Application No. 1 of 2020

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Heard Sri Satya Narayan Yadav, learned counsel for the appellant, Sri Avanish Kumar Shukla, learned counsel for the complainant and Sri Irshad Hussain, learned A.G.A. for the State and perused the record.

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It has been submitted by learned counsel for the appellant that the applicant is the marginal witness of the sale deed in question and he has been falsely implicated in the present case alongwith co-accused, namely, Virendra Singh. It is next submitted that Virendra Singh has refunded the money to the complainant, namely, Ram Chandra Dhobi, in order to settle the dispute amicably, as the two cheques of Rs.4,00,000/- and Rs.3,50,000/- have been given to the complainant, hence the applicant be released on bail. The applicant is having no criminal history, the said fact is mentioned in paragraph-12. The appellant is in jail since 10.1.2020.

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Learned A.G.A. as well as learned counsel for the complainant submitted that they have no objection if the applicant is being released on bail subject to the condition that the two cheques given by Virendra Singh are cleared by his respective bank in favour of the complainant.

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Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellant, we are of the opinion that the appellant is entitled to be released on bail, subject to the condition that the two cheques given by him are cleared by his respective bank in favour of the complainant.

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Let the appellant Sanjeev Singh Yadav , convicted and sentenced in Case Crime No.613 of 2019, under Sections 147, 504, 506, 420, 467, 468, 471, 406 IPC and Section 3(1)(D) of SC/ST Act, P.S. Kalyanpur, District Kanpur Nagar, be released on bail on his furnishing a personal bond with two sureties each

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in the like amount to the satisfaction of the court concerned.

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On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.

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The party shall file computed generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of the 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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Order Date :- 7.10.2020 Deepika

Sanjeev Singh Yadav v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sanjeev Singh Yadav v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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