Allowed

Sudip Kumar Verma @ Sandeep v. State of U.P.

Allahabad HC3 Dec 2021BAIL/23867/2021

Case brief

AI extract

What is this about?

The Single Judge allowed the bail application for an applicant accused of fraud and cheating. Relying on facts that the applicant was not a signatory to the implicated sale deed and had already been granted bail in a related FIR by the purchaser, the court granted bail with personal bond and two sureties.

What did the court decide?

Released on bail by furnishing personal bond and two sureties.

Sudip Kumar Verma @ Sandeep Vs State of U.P. — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23867 of 2021

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Applicant :- Sudip Kumar Verma @ Sandeep Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Srivastava,Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A.,Rajan Tripathi

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Hon'ble Anil Kumar Ojha,J.

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

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 169 of 2018, under Section 419, 420 & 406 of I.P.C. registered at P.S.Atraulia, District- Azamgarh.

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Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The applicant is not named in the F.I.R. Further submitted that the investigating officer after conclusion of investigation has deleted offence under Section 467, 468, 471 I.P.C. while adding Sections 419 & 420 I.P.C. Neither the applicant participated in the alleged execution of sale deed nor there is any photograph of the applicant pasted on the sale deed. Further submitted that neither the applicant executed the sale deed, nor he is witness nor he is beneficiary in the alleged sale deed. Further submitted that the applicant has been granted bail in Criminal Misc. Bail Application No. 23187 of 2021 vide order dated 26.08.2021 wherein F.I.R. was lodged by the purchaser of the aforesaid impugned sale deed. Further submitted that for the same offence, applicant cannot be prosecuted twice. The applicant is languishing in jail since 15.02.2021.

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Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the facts as raised by the learned counsel for the applicant.

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Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.

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Perusal of record reveals that the applicant has been granted

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bail vide order dated 26.08.2021 wherein FIR was lodged by the purchaser of the aforesaid impugned sale deed. Neither the applicant executed the sale deed, nor he is witness nor he is beneficiary in the alleged sale deed.

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Keeping in view the facts and circumstances of the case, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the applicant Sudip Kumar Verma @ Sandeep involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;

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The applicant shall not tamper with the evidence or threaten the witnesses.

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The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, he shall not indulge in any criminal activities.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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Order Date :- 3.12.2021 VPS

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Digitally signed by ANIL KUMAR OJHA Date: 2021.12.03 17:00:30 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Sudip Kumar Verma @ Sandeep v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sudip Kumar Verma @ Sandeep v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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