Allowed

Pushpendra @ Gulla v. State of U.P. through its Principal Secretary

Allahabad HC12 May 2022BAIL/10174/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the bail application of Pushpendra @ Gulla, noting he was falsely implicated and not in the FIR. The court granted bail subject to standard conditions, finding he made a case for release pending trial.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each in satisfaction of the court concerned.

Pushpendra @ Gulla Vs State of U.P. through its… — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10174 of 2022

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Applicant :- Pushpendra @ Gulla Opposite Party :- State Of U.P. Through Its Principal Secretary Counsel for Applicant :- Prem Babu Verma,Anita Singh,Nirmla Kumari Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Kumar Rai,J.

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Heard Ms. Anita Singh, learned counsel for the applicant, learned A.G.A. and perused the record.

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The instant bail application has been filed on behalf of the applicant-Pushpendra @ Gulla with a prayer to release him on bail in Case Crime No.312 of 2021 under Sections 457, 380, 411, 413 IPC, Police Station-Tundla, District Firozabad during pendency of trial.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. She further submitted that the applicant has not been named in the FIR and his name came for the first time during investigation alongwith other co-accused, Akash, Deepak, Vishnu Kumar and Bhoora @ Akash have been granted bail by this Court vide orders dated 17.2.2022, 4.2.2022 and 17.2.2022 passed in Criminal Misc. Bail Application Nos. 46776 of 2021, 44317 of 2021 and 10178 of 2022 respectively. It is further submitted that there is no identification of the recovered ornaments. It is next submitted that so far as the criminal history of the applicant is concerned, the same has been explained in paragraph nos.17 and 18 of the affidavit filed in support of the bail application. She further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 21.7.2021.

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Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact .

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Keeping in view the nature of the offence, evidence, complicity

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of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.

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Let the applicant- Pushpendra @ Gulla involved in aforesaid case be released on bail on 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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The applicant will not tamper with the evidence during the trial.

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The applicant will not influence any witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 12.5.2022 Deepika

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Digitally signed by DEEPIKA SINGH Date: 2022.05.16 12:52:57 IST Reason: Location: High Court of Judicature at Allahabad

Pushpendra @ Gulla v. State of U.P. through its Principal Secretary

Case brief

What is this about?

What did the court decide?

Pushpendra @ Gulla v. State of U.P. through its Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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