Allowed

Shobhit Patil v. State of U.P.

Allahabad HC8 Apr 2022BAIL/14543/2022

Case brief

AI extract

What is this about?

This bye-bail application allows the applicant to be released on bail after the session judge rejected it. The applicant alleged false implication via planted evidence and lack of witnesses. The court found merit in these submissions and granted bail with conditions against tampering and influencing witnesses.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties in like amount subject to specific conditions regarding evidence and witness conduct.

Shobhit Patil 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. - 14543 of 2022

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Applicant :- Shobhit Patil Opposite Party :- State of U.P. Counsel for Applicant :- Phool Singh 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.05 of 2022 at Police Station-Kedwainagar, DistrictKanpur Nagar under Sections 392/34 IPC. The applicant is in jail since 07.01.2022.

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The bail application of the applicant was rejected by learned Incharge Sessions Judge/learned Additional Sessions Judge, Court No.1, Kanpur Nagar on 25.01.2022.

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Shri Phool Singh Yadav, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant was besieged by a mob over a dispute at a traffic congestion point. The recovered mobile was planted on the applicant to implicate him in this case to burnish the credentials of the police investigators. There is no independent witness to the alleged recovery. Prosecution evidence does not connect the applicant with the offence. Learned counsel for the applicant contends that the

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applicant does not have any criminal history apart from the instant case. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Shri Nafees Ahmad, learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. He, however, 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 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-Shobhit Patil 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 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 bail cancellation application before this Court.

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Order Date :- 8.4.2022 Ashish Tripathi

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Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.04.11 09:50:10 IST Reason: Location: High Court of Judicature at Allahabad

Shobhit Patil v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shobhit Patil v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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