Allowed

Sachin Kumar @ Lalit @ Kallu v. State of U.P.

Allahabad HC12 Jul 2022BAIL/18008/2022

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Sachin Kumar, accused in a cheating and forgery case. Addressing the plea of parity with a co-accused already granted bail, the court found it a fit case for bail, directing the respondent to issue a warrant.

What did the court decide?

Bail granted on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

Sachin Kumar @ Lalit @ Kallu 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. - 18008 of 2022

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Applicant :- Sachin Kumar @ Lalit @ Kallu Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Dubey,Ravi Srivastava 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 and the learned A.G.A.

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This is a bail application on behalf of the applicant Sachin Kumar @ Lalit @ Kallu in connection with Case Crime No.476 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C. and 66D I.T. Act, Police Station Colonelganj, district Prayagraj.

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with ulterior motive. He submitted that co-accused Sahil Srivastava has been admitted to the concession of bail by another Bench of this Court by order dated 22.03.2022 passed in Criminal Misc. Bail Application No.55508 of 2021, copy whereof has been annexed on page no.30 of the paper book and role assigned to applicant is similar to role of other co-accused, who has already been enlarged on bail. He claims parity. He submitted that applicant is languishing in jail since 27.09.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission 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, 2 , but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicant Sachin Kumar @ Lalit @ Kallu involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court;

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 12.7.2022

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R./

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Digitally signed by RAJEEV KUMAR SACHDEVA Date: 2022.07.13 09:48:48 IST Reason: Location: High Court of Judicature at Allahabad

Sachin Kumar @ Lalit @ Kallu v. State of U.P.

Case brief

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Sachin Kumar @ Lalit @ Kallu v. State of U.P.

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