Allowed

Atul Kumar v. State of U.P.

Allahabad HC11 Jan 2021BAIL/1226/2021

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application wherein the court granted bail to the applicant Atul Kumar in a case involving cheating and forgery charges. The Court imposed seven detailed conditions focusing on preservation of evidence, cooperation in trial, and presence at specified proceedings.

What did the court decide?

Released on bail subject to personal bond and two local sureties and seven specific conditions including appearance for framing of charges and u/s 313 Cr.P.C.

Atul Kumar Vs State of U.P. — Cheque Dishonour | Allahabad HC (2021)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1226 of 2021

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Applicant :- Atul Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

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It is submitted by the learned counsel for the applicant that he has been falsely implicated in the present case. It is next submitted that even as per FIR version, receiving of money was only accepted by the co-accused Pawan Bhadauriya, who has given cheque of Rs. 11 lakh to informant, which was dishonored due to insufficient fund in account. He next submitted that earlier applicant has lodged FIR in which informant and victim were witnesses. Later on, relation between applicant and informant became bitter, due to which, he was falsely implicated in the present case. The main accused is Pawan Bhadauriya, who issued cheque of Rs. 11 lakh and accepting the allegation levelled against him. Applicant is having no criminal history. He is languishing in jail since 25.11.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Atul Kumar , involved in Case Crime No. 277 of 2020, under Sections- 471, 468, 467, 420 IPC, Police Station- Mohamdabad, DistrictFarrukhabad be released on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.

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This bail order would be subject to the fulfilment of following conditions:-

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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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The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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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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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 :- 11.1.2021 Junaid

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Digitally signed by Justice Neeraj Tiwari Date: 2021.01.11 18:49:53 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Atul Kumar v. State of U.P.

Case brief

What is this about?

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Atul Kumar v. State of U.P.

Case brief

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