Allowed

Manish Kumar v. State of U.P.

Allahabad HC8 Jan 2021BAIL/48911/2020

Case brief

AI extract

What is this about?

The High Court of Allahabad disposed of Criminal Misc. Bail Application No. 48911 of 2020. The court granted bail to the applicant, Manish Kumar, in a case involving cheating and forgery, subject to specific conditions including furnishing a personal bond and sureties. The order imposed strict undertakings regarding witness tampering, court attendance, and consequences of misuse of bail.

What did the court decide?

Released on bail by furnishing a personal bond and two local sureties of the like amount.

Manish Kumar 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. - 48911 of 2020

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Applicant :- Manish Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ansar Ahmad 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.244 of 2020, under Sections 420, 386 I.P.C., Police Station Civil Lines, District Etawah.

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Learned counsel for the applicant submits that according to the F.I.R. on 11.06.2020 unknown persons by stating that they are C.B.I. Officers came to the house of the informant and stated that they have enquired about his children who are involved in execution of forged sale-deed in Noida, therefore, the applicant and other persons have come to discuss. He submits that applicant has been falsely implicated in the present case. It is further submitted that co-accused Yogesh has been enlarged on bail vide order dated 10.11.2020 in Criminal Misc. Bail Application No.24857 of 2020. Therefore, 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 12.06.2020.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that as per recovery memo page 31, 7 Visiting Cards, showing as Manish Kumar (Bhartiya Rajkiya Seva), Upayukta (Vigilence) and two cheques of Syndicate Bank have been recovered from the possession of the applicant.

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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- Manish Kumar involved in aforesaid case crime be released on bail on his furnishing a personal bond and two

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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 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 :- 8.1.2021 Zafar

Manish Kumar v. State of U.P.

Case brief

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Manish Kumar v. State of U.P.

Case brief

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