Lala v. State of U.P.
Case brief
What is this about?
This court allowed a bail application under IPC sections related to cheating and forgery. The court invoked Article 21 and the principles in Dataram Singh to grant bail, subject to conditions regarding property restitution, court attendance, and prohibition of adjournments.
What did the court decide?
Applicant released on bail furnishing a personal bond and two sureties subject to conditions including restitution of land/money and strict attendance.
What the court decided
Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8807 of 2021
Applicant :- Lala Opposite Party :- State of U.P. Counsel for Applicant :- Rana Pratap Singh,Ajay Kumar,Om Prakash Misra,Rakesh Kumar Verma,Saurabh Singh,Shrikant Tripathi,Umang Agarwal Counsel for Opposite Party :- G.A.,Praveen Singh,Rajesh Kumar Srivastava
Hon'ble Krishan Pahal,J.
Heard Sri Ajay Kumar, learned counsel for the applicant, Sri A.K. Tripathi, learned A.G.A. for the State and perused the material placed on record.
Applicant seeks bail in Case Crime No. 0405 of 2020, U/S 420, 447, 379, 507, 467, 468, 471 IPC, Police Station Indiranagar, District Lucknow, during the pendency of trial.
As per prosecution story, the applicant is said to have sold a plot to the first informant through a registered sale deed on 16.3.2010. The applicant is stated to have again executed a sale deed in favour of co-accused person, Raj Kumari.
Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. He has further stated that the applicant is an illiterate person and has no knowledge of the said sale deed as the said sale deed has been executed by the developer of the land. Learned counsel has stated that applicant is ready to return the land and the money due towards the land, if released on bail. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 4.4.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Issues for consideration
2 issues framed by the court
Whether the applicant has made out a case for bail given the nature of the offence and evidence on record.
Whether any specific bail conditions are required to ensure the applicant's presence and prevent misuse of liberty.
Parties & counsel
- applicant
Lala
Coram
Krishan Pahal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- /8807/2021
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