Allowed

Sandeep v. State of U.P.

Allahabad HC1 Dec 2021BAIL/38275/2021

Case brief

AI extract

What is this about?

The High Court allowed the bail application filed by Sandeep in a Criminal Misc. Bail Application regarding charges under the Excise Act and IPC. The court held that a case for bail was made out and ordered his release on bail with personal bond and sureties subject to specific conditions.

What did the court decide?

The applicant Sandeep was released on bail upon furnishing a personal bond and two sureties, subject to conditions against tampering with evidence, threatening witnesses, and indulging in criminal act

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. - 38275 of 2021

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Applicant :- Sandeep Opposite Party :- State of U.P. Counsel for Applicant :- Atul Singh,Kuldeep Kumar Gupta 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 seeking enlargement on bail during trial in connection with Case Crime No. 243 of 2021 under Section 60 of Excise Act and Sections 419, 420, 467, 468 and 471 I.P.C. registered at P.S.- Khaga, DistrictFatehpur.

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Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. Applicant has no criminal history. It is alleged that there is adulteration of water in liquor. Further submitted that the applicant is languishing in jail since 21.07.2021.

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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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Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, 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 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 :- 1.12.2021 A. Mandhani

Sandeep v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sandeep v. State of U.P.

Case brief

What is this about?

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