Allowed

Shiv Prasad Alias Paiyya v. State of U.P.

Allahabad HC27 Nov 2021BAIL/43923/2021

Case brief

AI extract

What is this about?

The court granted bail to the applicant in a trial pending criminal case involving theft, cheating, and forgery. The applicant was released on a personal bond and sureties with conditions against tampering, ensuring trial cooperation, and avoiding further criminal activity.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two sureties in the like amount, subject to conditions regarding tampering, cooperation, and refraining from further crime.

Shiv Prasad Alias Paiyya Vs State of U.P. — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 42

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43923 of 2021

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Applicant :- Shiv Prasad Alias Paiyya Opposite Party :- State of U.P. Counsel for Applicant :- Arjun Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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The instant bail application has been filed on behalf of the applicant - Shiv Prasad Alias Paiyya with a prayer to release him on bail in Case Crime No. - 181 of 2021, under Sections - 379, 41, 411, 414, 419, 420, 468, 471 IPC, Police Station - Pipri, District - Kaushambi , during pendency of trial.

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Having heard learned counsel for the parties, at present:

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(i) against FIR lodged on 9.8.2021, the applicant is in confinement since 10.8.2021;

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(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;

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(iii) criminal history of the applicant has been explained as the same was created after the present case;

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(iv) though the status of the charge-sheet is not known yet at present no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;

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(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant, the applicant has been falsely implicated in the present case. Further, it has been submitted, the applicant was arrested from his home and not in the manner described in the prosecution.

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(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness.

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In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case, of breach of any of the above conditions, the bail being granted shall be cancelled.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 27.11.2021 Prakhar

Shiv Prasad Alias Paiyya v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shiv Prasad Alias Paiyya v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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