In a criminal miscellaneous bail application under sections 406, 420 and 506 IPC, the High Court of Allahabad, per Vivek Kumar Singh, J., noted the lack of sufficient grounds for bail and rejected the application.
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Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17564 of 2021 Applicant :- Pradeep Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Kumar Srivastava Counsel for Opposite Party :- G.A.,Sushil Kumar Pandey
Hon'ble Vivek Kumar Singh,J.
Heard Sri Vivek Kumar Srivastava, learned counsel for the applicant, Sri Sushil Kumar Pandey, learned counsel for the first informant/complainant, and Sri Sanjay Singh, learned A.G.A.I for the State and perused the material brought on record.
It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case due to ulterior motive. He has not committed the offence as alleged.
Learned A.G.A. and learned counsel for the first informant/complainant have vehemently opposed the prayer and submitted that applicant is specifically named in the First Information Report. The Firm involved in question is not a registered Firm. The applicant has played a fraud and has grabbed huge amount of money by misleading the first informant/complainant, moreover, innocence of the applicant cannot be adjudged at pre-trial stage, in case applicant is released on bail he will misuse the liberty of bail.
After hearing the learned counsel for the applicant and learned AGA, learned counsel for the first informant/complainant, and after perusing the averments made in the present bail application as well as rejection order of the court below, this Court is of the opinion, that learned counsel for the applicant could not point out any good ground for grant of bail to the applicant.
Accordingly, application for grant of bail to the applicant- Pradeep Kumar, who is involved in Case Crime No. 989 of 2020, under section- 406, 420, 506 IPC, Police Station- Highway, District- Mathura, is hereby rejected.
The trial court concerned is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of this order, if there is no legal impediment.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 16.6.2021 ssm
2 issues framed by the court
Whether the applicant is entitled to bail in a case under sections 406, 420 and 506 IPC.
Whether the averments of false implication constitute sufficient ground to grant bail.
Pradeep Kumar
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
