Allowed

Chandra Prakash v. State of U.P.

Allahabad HC6 Jul 2022BAIL/19067/2022

Case brief

AI extract

What is this about?

In a criminal bail application, the High Court of Judicature at Allahabad considered the merits of releasing an applicant charged with cheating and cyber crimes. The court held that the applicant had made out a case for bail, following the mandate of a Supreme Court precedent, subject to conditions.

What did the court decide?

The applicant Chandra Prakash was released on bail to furnish a personal bond and two sureties each in the like amount, subject to verification and specific conditions.

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

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19067 of 2022

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Applicant :- Chandra Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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

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The instant bail application has been filed on behalf of the applicant Chandra Prakash with a prayer to release him on bail in Case Crime No.21 of 2022, under Sections 419, 420, 389 I.P.C. & 66(D) Information Technology (Amendment) Act 2000, P.S. Pathra Bazar, District Siddharth Nagar during pendency of the trial.

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It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. The allegation in the First Information Report is that the applicant impostered himself as Secretary to the Chief Minister and made a call from his mobile phone to the informant and he demanded Rs.10,000/- for restoration of license of fair price shop. He next submits that applicant is not named in the First Information Report and the First Information Report was lodged against mobile number. He next argued that he never called the first informant or Village Pradhan from his mobile. Applicant has been implicated due to village partibandi. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 31.03.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Chandra Prakash be released on bail in

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Case Crime No.21 of 2022, under Sections 419, 420, 389 I.P.C. & 66(D) Information Technology (Amendment) Act 2000, P.S. Pathra Bazar, District Siddharth Nagar on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 6.7.2022/SKD

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Digitally signed by SURJIT KUMAR DEY Date: 2022.07.07 10:57:49 IST Reason: Location: High Court of Judicature at Allahabad

Chandra Prakash v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chandra Prakash v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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