Allowed

Amit @ Chhotu v. State of U.P.

Allahabad HC7 Dec 2021BAIL/37832/2021

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Amit @ Chhotu seeking enlargement during trial. Court allowed the application without commenting on merits, noting the case is triable by Magistrate First Class and considering the amount recovered.

What did the court decide?

Release of the applicant Amit @ Chhotu on bail with personal bond and two sureties subject to conditions not to tamper with evidence, cooperate with trial, and avoid criminal activities.

Amit @ Chhotu 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. - 37832 of 2021

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Applicant :- Amit @ Chhotu Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Tiwari Counsel for Opposite Party :- G.A.

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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 Amit @ Chhotu seeking enlargement on bail during trial in connection with Case Crime No. 76 of 2021, under Sections 457, 380, 411 I.P.C. registered at P.S.- Sahpau, District-Hathras.

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Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated. He further submitted that the applicant is not named in the FIR. The alleged recovery of three silver coins and Rs. 26,000/- from the possession of the applicant is false. He further submitted that the case is triable by the Magistrate First Class. Nothing has been recovered from the possession of applicant. There is no independent witness of the alleged recovery memo. He further submitted that the applicant has no criminal antecedents and he is languishing in jail since 24.6.2021.

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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 accused and all other attending circumstances were duly considered.

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Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the amount of recovery and the fact that the case is triable by the Magistrate First Class, without commenting upon merits 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 Amit @ Chhotu 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 :- 7.12.2021

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Shafique

Amit @ Chhotu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Amit @ Chhotu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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