Allowed

Kuldeep v. State of U.P.

Allahabad HC23 May 2022BAIL/11874/2022

Case brief

AI extract

What is this about?

The Division Bench allowed the bail application of Kuldeep, who was in jail under Sections 379, 411 IPC, holding that he was framed as a scapegoat with no incriminating material. He was directed to furnish a personal bond and two sureties on specific conditions.

What did the court decide?

Grant of bail through personal bond and two sureties subject to specific conditions of appearance and non-interference with witnesses or evidence.

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

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11874 of 2022

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Applicant :- Kuldeep Opposite Party :- State of U.P. Counsel for Applicant :- Onkar Nath Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Supplementary affidavit filed by the applicant is taken in the record.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.432 of 2021 at Police Station-Jaithara, DistrictEtah under Sections 379, 411 IPC. The applicant is in jail since 16.09.2021.

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The bail application of the applicant was rejected by learned Sessions Judge, Etah on 30.10.2021. Shri Onkar Nath, learned counsel for the applicant contends that the applicant was implicated in this case after he was arrested in another case registered as Case Crime No.437 of 2021. The applicant became an easy scapegoat for the police authorities and was nominated in this case to burnish their credentials. No incriminating material which can be linked with the criminal case has been recovered from the applicant. Prosecution evidence does not connect the applicant with the offence. Explaining the criminal history of the applicant,

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learned counsel for the applicant contends that the applicant belongs to an economically weaker section of the society and has become an easy scapegoat for the police authorities who have falsely framed him in a number of cases to burnish their credentials. The applicant has never misused the liberty of bail granted to him in the said cases. The criminal cases do not depict commission of any heinous crime by the applicant and have no bearing on the instant case. The applicant is not a flight risk and there is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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Shri Nafees Ahmad, learned A.G.A. could not satisfactorily dispute the aforesaid submissions from the record. However, he does not contest the criminal history of the applicant as disclosed in the supplementary affidavit.

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I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Kuldeep be released on bail in the aforesaid case crime number on furnishing a

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personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness. (iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make 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 condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 23.5.2022 Ashish Tripathi

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Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.05.24 10:44:31 IST Reason: Location: High Court of Judicature at Allahabad

Kuldeep v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kuldeep v. State of U.P.

Case brief

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What did the court decide?

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