Allowed

Triveni Lal v. State of U.P.

Allahabad HC24 Nov 2021BAIL/34287/2021

Case brief

AI extract

What is this about?

This bail application was allowed. The court noted the inordinate delay in the FIR suggesting false implication and considered jail overcrowding due to the pandemic. The applicant was released on bail with standard conditions to prevent tampering and ensure presence in court.

What did the court decide?

Released on bail under Sections 406, 417, 420, 120-B IPC by personal bond and two sureties with conditions against tampering and ensuring court appearance.

Triveni Lal Vs State of U.P. — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34287 of 2021

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Applicant :- Triveni Lal Opposite Party :- State of U.P. Counsel for Applicant :- Ashwaini Mishra Counsel for Opposite Party :- G.A.,L P Sharma,Vijai Prakash Yadav

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Hon'ble Ajay Bhanot,J.

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Heard Sri Ashwaini Mishra, learned counsel for the applicant, Sri Vijai Prakash Yadav, learned counsel for the informant and Sri Anupam Anand, learned brief holder for the State.

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A first information report was lodged against the applicant as Case Crime No. 0005 of 2020 at Police Station-Navadhiya- District Jaunpur on 03.01.2020 under Sections 406, 417, 420, 120-B IPC.

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The bail application of the applicant was rejected by learned Sessions Judge, Jaunpur on 23.07.2021.

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The applicant is in jail since 16.07.2021, pursuant to the said F.I.R.

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Sri Ashwaini Mishra, learned counsel for the

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applicant contends that the applicant has been falsely implicated in the instant case. The incident allegedly happened in the year 2018. FIR was lodged in the year 2020. Inordinate delay is not explainable and clearly reveals that the FIR is an afterthought and has been registered to falsely implicate the applicant. The applicant does not have criminal history apart from this case. Lastly it is submitted by Sri Ashwaini Mishra, learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Sri Vijai Prakash Yadav, learned counsel for the informant and Sri Anupam Anand, learned brief holder for the State could not satisfactorily dispute the aforesaid submissions from the record.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation ( Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India ). These

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circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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I see merit in the submissions of Sri Ashwaini Mishra, learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Triveni Lal be released on bail in Case Crime No.05 of 2020 at Police StationNavadhiya- District Jaunpur under Sections 406, 417, 420, 120-B IPC, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence

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is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 24.11.2021 Nadeem

Triveni Lal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Triveni Lal v. State of U.P.

Case brief

What is this about?

What did the court decide?

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