Allowed

Sandeep Vishwakarma v. State of U.P.

Allahabad HC14 Dec 2021BAIL/42513/2021

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Sandeep Vishwakarma in a theft and cheating case. Considering the submissions where the applicant claimed innocence and lack of antecedents, the court held that a case for bail is made out and granted release on personal bond and sureties.

What did the court decide?

Released on bail on personal bond and two sureties subject to specified conditions.

Sandeep Vishwakarma Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42513 of 2021

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Applicant :- Sandeep Vishwakarma Opposite Party :- State of U.P. Counsel for Applicant :- Lakshman Singh 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 Sandeep Vishwakarma seeking enlargement on bail during trial in connection with Case Crime No. 392 of 2021, under Sections 457, 380, 411 I.P.C. registered at P.S.- Kotwali Orai, DistrictJalaun.

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Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated. Applicant is not named in the FIR. Nothing has been recovered from the possession of the applicant. Recovery of stolen ornaments from the possession of the applicant is planted by the police.There are no criminal antecedents of the applicant. Further submitted that the applicant is languishing in jail since 08.06.2021.

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Per contra, learned A.G.A. opposed the prayer for bail.

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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, 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 Vishwakarma 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 :- 14.12.2021 v.k.updh.

Sandeep Vishwakarma v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sandeep Vishwakarma v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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