Allowed

Ompprakash v. State of U.P.

Allahabad HC28 Jan 2021BAIL/39426/2020

Case brief

AI extract

What is this about?

The High Court allowed the bail application of the applicant in a prosecution for cheating, forgery, and criminal conspiracy. The court ordered his release on a personal bond with two local sureties, subject to conditions ensuring witness safety, court attendance, and presence at critical trial stages.

What did the court decide?

Released on bail with personal bond and two local sureties, subject to conditions of court attendance and non-interference with witnesses.

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

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39426 of 2020

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Applicant :- Ompprakash Opposite Party :- State of U.P. Counsel for Applicant :- Karunesh Pratap Singh Counsel for Opposite Party :- G.A.,Sunil Kumar Upadhyay

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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 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.300 of 2019, under Sections 419, 420, 467, 468, 471, 504, 506, 120-B I.P.C., Police Station Sahjanwa, District Gorakhpur.

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Learned counsel for the applicant submits that according to the F.I.R. on 17.03.2016 informant paid Rs.3,00,000/- to the applicant regarding which a sale-deed was executed in favour of complainant and his sister Nilam. It is alleged that the said sale-deed was executed on 10.06.2016 in favour of one Radhika in which the applicant was marignal witnesses. He also submits that the name of the informant and his sister have been mutated in the Revenue record. He next submitted that there is no allegation against the applicant, the allegation is levelled against Mahendra. He next submits that 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, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 09.09.2020.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Ompprakash involved in 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, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he

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will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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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(ii) 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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(iii) 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 in such proclamation, 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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(iv) 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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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 :- 28.1.2021 Zafar

Ompprakash v. State of U.P.

Case brief

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Ompprakash v. State of U.P.

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