Saupal v. State of U.P.
Case brief
What is this about?
Application for bail in proceedings concerning cheating and forgery under IPC and Insecticides Act section 29. Court granted bail subject to personal bond with two sureties and attendance at trial.
What did the court decide?
Applicant released on personal bond and two sureties with conditions to attend trial and not tamper with witnesses.
What the court decided
Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27622 of 2022
Applicant :- Saupal Opposite Party :- State of U.P. Counsel for Applicant :- Kandarp Srivastava,Kaustubh Srivastava,Sandeep Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant, Saupal, who is involved in Case Crime No. 253 of 2022, under Sections 420, 467, 468, 417 IPC & Sections 29(1)A, 29(1)B, 29(1)C, 29(1)F of Insecticides Act, 1986, Police Station Kharkaunda, District Meerut and is in jail since 02.05.2022, is seeking enlargement on bail during the trial.
As per the prosecution story, the first informant along with team of Agriculture department raided the house of Smt. Savitri Devi, the applicant was present at the spot. In search of the room and Varandah of the house, Fertera insecticide product of FMC Company 26 boxes, Vertico insecticide product of Sinzenta Company 24 boxs, one packing/sealing machine were recovered
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. It is further submitted that nothing discriminating material has been recovered from the possession of the applicant. It is submitted by learned counsel for the applicant that there is no criminal history against the applicant. It is further submitted that similarly placed co-accused, Raman Kumar, has already been enlarged on anticipatory bail by this Court by order dated 29.8.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 7691 of 2022. It is further submitted that the applicant is languishing in jail since 01.06.2022, and in case of being released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to release on bail despite being in jail and the serious nature of allegations involving forgery and cheating.
Whether conditions such as cooperating in trial and not tampering with witnesses should be imposed on bail.
Parties & counsel
- applicant
Saupal
Coram
Gajendra Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/27622/2022
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