Allowed

Subhash Kumar v. State of U.P.

Allahabad HC15 Jun 2021BAIL/14585/2021

Case brief

AI extract

What is this about?

In a bail application regarding alleged cheating and criminal breach of trust, the court, considering the prima facie case and citing Dataram Singh, granted bail to the applicant upon furnishing a personal bond and two sureties.

What did the court decide?

Release of applicant Subhash Kumar on bail with personal bond and two sureties, subject to conditions of attending trial, not tampering with witnesses, and refraining from illegal activities.

Subhash Kumar Vs State of U.P. — Corruption | Allahabad HC (2021)

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14585 of 2021

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Applicant :- Subhash Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that co-accused Seema Devi having similar role has been granted bail by this Court vide order dated 25.03.2021 in Criminal Misc. Bail Application No. 12518 of 2021 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 16.09.2020. Criminal history of the applicant has been duly explained in paragraph no. 16 of the affidavit accompanying the bail application.

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Learned A.G.A. has vehemently opposed the prayer.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let applicant- Subhash Kumar , be released on bail in Case Crime No. 562 of 2020, under Sections- 409, 411 IPC, Police Station- Fase-3 Noida, District- Gautam Budh Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

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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 computer generated copy of such order shall be self attested by the counsel of the party concerned.

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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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Order Date :- 15.6.2021 Arti

Subhash Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Subhash Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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