Allowed

Abhash Kumar Alias Sarvendra v. State of U.P.

Allahabad HC25 Jul 2022BAIL/24340/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Abhash Kumar Alias Sarvendra in a fake currency case. The court released the applicant on furnishing a personal bond and two sureties, subject to standard conditions prohibiting evidence tampering and witness influence, without adjudicating the merits of the charges.

What did the court decide?

Release on bail on furnishing a personal bond and two sureties subject to conditions prohibiting tampering with evidence or influencing witnesses.

Abhash Kumar Alias Sarvendra Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

¶1

Court No. - 79

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24340 of 2022

¶3

Applicant :- Abhash Kumar Alias Sarvendra Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.

¶4

Hon'ble Subhash Vidyarthi,J.

¶5

1.Heard Sri Ravindra Prakash Srivastava, the learned counsel for the applicant, Sri Jitendra Kumar Jaiswal, the learned Additional Government Advocate and perused the record.

¶6

2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 61 of 2022, under Sections 489A, 489B, 489C, 489D IPC, Police Station Sonaha, District Basti during pendency of the trial in the Court below.

¶7

3.The aforesaid case has been registered on the basis of an F.I.R. lodged against two accused persons, namely, Abhash Kumar Alias Sarvendra (applicant) and Jitendra Kumar Soni alleging recovery of two fake currency notes from each of the accused persons. The F.I.R. further alleges that a laptop, scanner, printer and some other material alleged to be used for preparing fake currency notes has been recovered from the premises of co-accused Jitendra Kumar Soni.

¶8

4.In the affidavit filed in support of the bail application, it has been stated that the applicant has been falsely implicated in the present case and he has not counterfeited any currency notes and he does not possess any such notes.

¶9

5.Learned counsel for the applicant has submitted that other named co-accused person Jitendra Kumar Soni from whose premises recovery of equipment is alleged to have been made has already been released on bail by means of an order dated 30.05.2022 passed by this Court in Criminal Misc. Bail Application No. 20835 of 2022.

¶10

6.Submission is that the case of the applicant stands on a weaker footing than the case set up against the co-accused Jitendra Kumar Soni who has already been released on bail, therefore, the applicant is entitled to be released on bail.

¶11

7.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the

¶12

aforesaid facts.

¶13

8.Having regard to the aforesaid facts and submissions, I am of the view that the applicant is entitled to be released on bail in the aforesaid case.

¶14

9.In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .

¶15

10.Let the applicant Abhash Kumar Alias Sarvendra be released on bail in Case Crime No. 61 of 2022, under Sections 489A, 489B, 489C, 489D IPC, Police Station Sonaha, District Basti on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

¶16

(i) The applicant will not tamper with the evidence during the trial.

¶17

(ii) The applicant will not influence any witness.

¶18

(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶19

(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.

¶20

11.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

¶21

Order Date :- 25.7.2022 Jaswant

¶22

Digitally signed by JASWANT KUMAR Date: 2022.07.26 11:19:16 IST Reason: Location: High Court of Judicature at Allahabad

Abhash Kumar Alias Sarvendra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Abhash Kumar Alias Sarvendra v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sarju Teli Vs Jagannath Kalwar and Others

Sri Ishteaq Husain and Others Vs Sri Akhetar Abbas and Others

Ram Narain and Others Vs Smt. Ram Devi

Jai Kishor Vs State of U.P.

Sohil Vs State of U.P.

Azeem Vs State of U.P.