Allowed

Amit Kumar v. State of U.P.

Allahabad HC1 Apr 2022BAIL/12837/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Amit Kumar in a case involving charges under Section 420 IPC and 66D I.T. Act. The court found merit in the applicant's submissions and granted bail upon furnishing a personal bond and two sureties, imposing conditions against tampering and influencing witnesses.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two sureties with specific conditions imposed.

Amit Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12837 of 2022

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Applicant :- Amit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chandra Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 721 of 2021 at Police Station Phase-3 District Gautam Budh Nagar under Section 420 IPC and 66D I.T. Act. The applicant is in jail since 30.7.2021.

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The bail application of the applicant was rejected by learned I-Additional District and Sessions Judge, Gautam Buddh Nagar on07.03.2022.

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Shri Anil Kumar, learned counsel holding brief of Shri Ramesh Chandra Yadav, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The ATM cards were planted on the applicant to burnish the credentials of police investigators. There is no evidence to connect the aforesaid ATM cards with any fraudulent transactions. There is no independent witness to the recovery. The applicant is not beneficiary of any illicit transaction. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from this case. Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will cooperate in the criminal law proceedings. The

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applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Shri Paritosh Kumar Malviya, learned A.G.A for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from this case.

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I see merit in the submissions of learned counsel for the applicant and accordingly 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-Amit Kumar be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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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.

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(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

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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 :- 1.4.2022 Nadeem

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Digitally signed by NADEEM AHMAD Date: 2022.04.05 10:18:27 IST Reason: Location: High Court of Judicature at Allahabad

Amit Kumar v. State of U.P.

Case brief

What is this about?

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Amit Kumar v. State of U.P.

Case brief

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