Partly allowed

Deepak Singh v. State of U.P.

Allahabad HC4 Jan 2021BAIL/44100/2020

Case brief

AI extract

What is this about?

The High Court of Allahabad granted bail to Deepak Singh in a cheating and forgery case involving medical college admissions, subject to personal bond and local sureties with specific conditions regarding witness protection and court attendance.

What did the court decide?

Granted bail to the applicant upon furnishing a personal bond and two local sureties of like amount with specific conditions.

Deepak Singh 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. - 44100 of 2020

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Applicant :- Deepak Singh Opposite Party :- State of U.P. Counsel for Applicant :- Harish Chandra Mishra Counsel for Opposite Party :- G.A.

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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.645 of 2019, under Sections 420, 467, 468, 471 I.P.C., Police Station Nawabad, District Jhansi.

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Learned counsel for the applicant submits that according to F.I.R. version seven persons took Rs.15,000,00/- for admission in medical college. Co-accused Karan Singh has been granted bail by this Court vide order dated 22.06.2020 in Criminal Misc. Bail Application No.15368 of 2020. He further submits that criminal history of the applicant has been explained in para 9 of the affidavit filed in support of bail application. In similar nature of Case Crime No.651 of 2019, under Sections 420, 467, 468, 471 I.P.C., P.S. Mawabad, District Jhansi and Case Crime No.632 of 2019, under Sections 420, 467, 468, 471 I.P.C., Police Station Nawabad, District Jhansi, he has been enlarged on bail. 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 the applicant is languishing in jail since 21.10.2019.

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Per contra, learned A.G.A. opposed the bail prayer of the applicant and submits that applicant has criminal history, therefore, he is not entitled for bail.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, enlargement of co-accused on bail as well as enlargement of applicant in other similar cases and nature of offence, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Deepak Singh 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

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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 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 :- 4.1.2021 Jitendra

Deepak Singh v. State of U.P.

Case brief

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Deepak Singh v. State of U.P.

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