Allowed

Om Prakash Vishwakarma v. State of U.P.

Allahabad HC6 Jul 2022BAIL/11738/2022

Case brief

AI extract

What is this about?

This court allowed the bail application of Om Prakash Vishwakarma in a cheating and forgery case. The court held that the applicant had made out a case for bail due to alleged false implicaton by his brother, civil nature of the matter, co-accused on bail, and prolonged detention, while emphasizing strict conditions to prevent tampering with evidence.

What did the court decide?

Released on bail on personal bond and two sureties subject to conditions including no tampering with witnesses, sincere cooperation in trial, and no criminal activity.

Om Prakash Vishwakarma Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11738 of 2022

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Applicant :- Om Prakash Vishwakarma Opposite Party :- State of U.P. Counsel for Applicant :- Satyendra Kumar Singh,Jitdendra Kumar Shukla

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Counsel for Opposite Party :- G.A.,Sudhir Kumar Srivastava

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.865 of 2020, under Sections 420, 467, 468, 471 I.P.C., P.S. Cantt, District Varanasi, during pendency of the trial.

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It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case; informant is brother of the applicant; allegation against the applicant is that he prepared a forged will deed after death of his father; the matter pertains to civil in nature, as such the F.I.R. is baseless; the applicant has no criminal history. It has been next contended that co-accused Mohd. Ibrahim, marginal witness, has been granted bail by the concerned court vide order dated 18.02.2022. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 22.02.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. as well as Sri Sudhir Kumar Srivastava, learned counsel for the first informant have opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Om Prakash Vishwakarma, who is involved

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in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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

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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, it shall be a ground for cancellation of bail.

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Order Date :- 6.7.2022 Meenu

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Digitally signed by MEENU SINGH Date: 2022.07.07 10:50:50 IST Reason: Location: High Court of Judicature at Allahabad

Om Prakash Vishwakarma v. State of U.P.

Case brief

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Om Prakash Vishwakarma v. State of U.P.

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