Allowed

Banne Singh v. State of Uttar Pradesh

Allahabad HC20 Jul 2021BAIL/23375/2021

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a case involving forgery and cheating. The court noted the applicant's readiness to repay installments and lack of flight risk, imposing conditions regarding payment and trial attendance.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two local sureties, subject to specific conditions regarding payment and court attendance.

Banne Singh Vs State of Uttar Pradesh — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23375 of 2021

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Applicant : Banne Singh Opposite Party :- State Of Uttar Pradesh Counsel for Applicant :- Rajeev Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.689 of 2019, under Sections 420, 467, 468, 471, 120B I.P.C., Police Station Vridavan, District Mathura.

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Learned counsel for the applicant submits that the allegation against the applicant is that he took a loan of Rs.3,22,000/- on the basis of forged khatauni. He further submits that he is continuously paying the installments. He next submits that the khatauni is genuine one and he undertakes that he will pay the remaining installments also. There is no previous criminal history against the applicant. He further submits that the applicant has criminal history of one case, which has been explained in para 12 of the bail application. He further submits that the applicant has been falsely implicated in the instant case. He further submits that the applicant is ready to pay the remaining amount regularly. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. It is next submitted that the applicant is languishing in jail since 19.1.2021.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that there is no reason to falsely implicate the applicant, therefore, he does not deserve any benevolence.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, nature of the offence and readiness of the applicant to return the amount, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let the applicant Banne Singh involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned,

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subject to the following conditions :-

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(i) The applicant will not tamper with the evidence and pressurize the witnesses during trial.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) 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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(iv) In case, the applicant misuses the liberty of bail during trial 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, 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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(v) 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(vi) The applicant shall file an undertaking to the effect that he will pay the instalments, regularly. In case of failure, it will be treated as misuse of liberty and trial court will be at liberty to take suitable action as per law.

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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 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. 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 :- 20.7.2021 m.a.

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Digitally signed by Justice Ali Zamin Date: 2021.07.30 13:00:16 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Banne Singh v. State of Uttar Pradesh

Case brief

What is this about?

What did the court decide?

Banne Singh v. State of Uttar Pradesh

Case brief

What is this about?

What did the court decide?

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