Allowed

Anshu Kumar Gupta @ Laloo v. State of U.P.

Allahabad HC4 Jul 2022BAIL/17022/2022

Case brief

AI extract

What is this about?

This bail application by Anshu Kumar Gupta for a cheating and forgery case was considerd. Relying on Data Ram, the court granted bail during trial subject to standard conditions and sureties, noting the applicant was not in the initial FIR.

What did the court decide?

Release on bail on personal bond and executing two sureties subject to conditions of appearing in trial and not tampering with witnesses.

Anshu Kumar Gupta @ Laloo Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17022 of 2022

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Applicant :- Anshu Kumar Gupta @ Laloo Opposite Party :- State of U.P. Counsel for Applicant :- Yadvesh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant who is involved in Case Crime No. 420 of 2021, under sections 419, 420, 406, 467, 468, 471, 473, 504, 506 and 120B I.P.C., P.S. Sigra, district-Varanasi, seeking enlargement on bail during the trial.

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The first information report was lodged by the informant against three accused persons about cheating and forgery.

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Learned counsel for the applicant submits that the applicant was not named in the first information report. His name as an accused in the present surfaced for the first time during investigation. Further submission is that a dispute of purely civil nature between the parties has illegally been dragged into criminal prosecution of the applicant. Further submission is that the offences are triable by the court of Magistrate. He lastly submits that the applicant has no criminal history and he is languishing in jail since 21.9.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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The prayer for bail has been vehemently opposed by learned A.G.A.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Anshu Kumar Gupta @ Laloo involved in the aforesaid case be released on bail on his executing a personal bond and

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furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 4.7.2022 Faridul

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Digitally signed by FAREEDUL HASAN Date: 2022.07.06 09:54:50 IST Reason: Location: High Court of Judicature at Allahabad

Anshu Kumar Gupta @ Laloo v. State of U.P.

Case brief

What is this about?

What did the court decide?

Anshu Kumar Gupta @ Laloo v. State of U.P.

Case brief

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What did the court decide?

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