Allowed

Jai Kishor v. State of U.P.

Allahabad HC25 Jul 2022BAIL/14042/2022

Case brief

AI extract

What is this about?

This坯 a criminal bail application filed by an accused person regarding a case involving forgery and cheating. The court allowed the bail application noting that co-accused persons were already released on bail on similar facts.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two reliable sureties of the like amount subject to specific conditions regarding tampering with evidence and appearing in court.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14042 of 2022

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Applicant :- Jai Kishor Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Akhilesh Kumar Pandey, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 1187 of 2021, under Sections 420, 467, 468, 471 and 120-B.I.P.C., P.S. Hapur Nagar, District Hapur.

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The aforesaid case has been registered on the basis of an F.I.R. lodged by the Reader of the Court of Chief Judicial Magistrate, Hapur against four named accused persons including the applicant, alleging that the sureties furnished for release of accused were got verified and the verification report submitted was found to be forged.

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The learned counsel for the applicant has submitted that although the applicant was named in the F.I.R. but no role has been assigned to him.

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The learned counsel for the applicant has submitted that the other co-accused persons namely Krishan and Mahendra have already been released on bail by this Court vide orders dated 13-04-2022 and 02-06-2022 passed in Criminal Misc. Bail Application Nos. 14668 of 2022 and 22337 of 2022.

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It is further submitted by the learned counsel for the applicant that the case set up against the applicant is similar to that set up against the other co-accused person, who has already been released on bail, therefore, the applicant is also entitled to be released on bail on the ground of parity.

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It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 30-11-2021. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully

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cooperate in the investigation.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute that the case set up against the applicant is similar to that set up against the other co-accused persons, who have already been released on bail.

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Keeping in view the aforesaid fact, this Court is satisfied that the applicant has made out a case for being enlarged on bail pending conclusion of the trial. The bail application is accordingly allowed.

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Let the applicant - Jai Kishor be released on bail in Case Crime No. 1187 of 2021, under Sections 420, 467, 468, 471 and 120B.I.P.C., P.S. Hapur Nagar, District Hapur. on his furnishing a personal bond and two reliable sureties each of 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.

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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 an application bail before this Court seeking cancellation of bail.

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Order Date :- 25.7.2022

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pks

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Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.07.26 09:42:18 IST Reason: Location: High Court of Judicature at Allahabad

Jai Kishor v. State of U.P.

Case brief

What is this about?

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Jai Kishor v. State of U.P.

Case brief

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