Allowed

Surendra v. State of U.P.

Allahabad HC2 Jun 2022BAIL/13488/2022

Case brief

AI extract

What is this about?

In this criminal miscellaneous bail application, the court allowed the release of the applicant, Surendra, on bail after finding merit in his counsel's submission that the applicant was falsely implicated via a coerced confession and not a beneficiary of illicit transactions.

What did the court decide?

The applicant is released on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below.

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

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Court No. - 43

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13488 of 2022

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Applicant :- Surendra Opposite Party :- State of U.P. Counsel for Applicant :- Ajai Kumar,Santosh Kumar Bharti 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.0030 of 2022 at Police Station Pawai District Azamgarh under Sections 419, 420, 467, 468, 471, 411 IPC and Section 66-C of the Information Technology (Amendment) Act, 2008. The applicant is in jail since 29.01.2022.

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The bail application of the applicant was rejected by learned Sessions Judge, Azamgarh on 23.02.2022.

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Shri Ajai Kumar, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The principal offender was a customer service provider. Money was withdrawn by the principal offender Rakesh. The applicant was implicated in the confessional statement made by him while he was in their custody. The said statement was extracted by coercion and made under duress. The applicant is not a beneficiary of any illicit transaction. Prosecution evidence does not connect the applicant with the offence. Learned counsel for the applicant has explained the criminal history of the applicant and contends that the same has no bearing on the instant case.

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Shri I.P. Srivastava, learned AGA could not satisfactorily dispute the aforesaid submissions from the record. Learned A.GA does not contest the criminal history of the applicant as disclosed in the bail application.

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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-Surendra 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 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 :- 2.6.2022 Nadeem

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Digitally signed by NADEEM AHMAD Date: 2022.06.03 11:04:13 IST Reason: Location: High Court of Judicature at Allahabad

Surendra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Surendra v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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