Allowed

Udit Narain Patel v. State of U.P.

Allahabad HC2 Sept 2021BAIL/17016/2021

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 17016 of 2021, the Allahabad High Court granted bail to Udit Narain Patel. The applicant alleged innocence and claimed parity with a co-accused already on bail. The court allowed bail subject to personal bond and sureties, clarifying that observations do not reflect on the case merits.

What did the court decide?

The applicant Udit Narain Patel was released on bail on furnishing a personal bond and two sureties.

Udit Narain Patel Vs State of U.P. — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17016 of 2021

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Applicant :- Udit Narain Patel Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Srivastava,Abhishek Kumar Chaubey Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Heard Sri Abhishek Kumar Chaubey, learned counsel for the applicant, learned A.G.A for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 24 of 2021, under Sections 406, 419, 420 IPC, P.S. Shaktinagar, District Sonbhadra., during pendency of trial.

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It is submitted by learned counsel for applicant that applicant is innocent and has falsely been implicated in the present case. It is further contended that the main allegation is against the coaccused Anil Bharti, who has already been granted bail by coordinate Bench of this Court on 10.8.2021 passed in Criminal Misc. Bail Application No. 21748 of 2021. The case of the applicant stands on better footing than the co-accused Anil Bharti, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 24.2.2021 having criminal history of three cases which has been explained in paragraph nos. 3 and 4 to the third supplementary affidavit and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.

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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. The application is allowed.

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Let the applicant, Udit Narain Patel who is involved in aforesaid crime 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 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 :- 2.9.2021 Akbar

Udit Narain Patel v. State of U.P.

Case brief

What is this about?

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Udit Narain Patel v. State of U.P.

Case brief

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