Allowed

Sunil @ Sushil v. State of U.P.

Allahabad HC12 Jul 2022BAIL/12429/2022

Case brief

AI extract

What is this about?

Court allowed bail to applicant Sunil on grounds of parity with a co-accused released earlier, invoking Article 21 and citing Dataram Singh. Applicant released on personal bond and two sureties under specific conditions.

What did the court decide?

Applicant released on bail on personal bond and two sureties subject to conditions not to tamper with evidence, intimidate witnesses, and appear in court.

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

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12429 of 2022

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Applicant :- Sunil @ Sushil Opposite Party :- State of U.P. Counsel for Applicant :- Vidit Narayan Mishra Counsel for Opposite Party :- G.A.,Aditiya Kumar Singh,Kauntey Singh

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant , Shri Kauntey Singh, learned counsel for the informant and learned A.G.A for the State.

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The submission is that co-accused, A.K. Gupta @ Sohan, has already been enlarged on bail vide Criminal Misc. Bail Application No. 14157 of 2022 on 12.5.2022 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 1.1.2022.

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On the other hand learned A.G.A has opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, 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, Sunil @ Sushil, involved in Case Crime No. 155 of 2021, under Section 419,420,406,467,468,471,120-B IPC, and section 66D of I.T. Act Police Station- Sector-58 Nodia District- Gautam Budh Nagar, 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 will not tamper with the evidence

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during the trial.

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The applicant will not pressurize/ intimidate the prosecution 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 commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.

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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 them from disclosing such facts to the Court or to any police ofÏcer or tamper with the evidence.

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In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

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Order Date :- 12.7.2022 Atul kr. sri.

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Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.07.13 17:01:10 IST Reason: Location: High Court of Judicature at Allahabad

Sunil @ Sushil v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sunil @ Sushil v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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