Allowed

Kusumveer Singh v. State of U.P.

Allahabad HC9 Nov 2022BAIL/28833/2022

Case brief

AI extract

What is this about?

The High Court allowed a criminal bail application filed by Kusumveer Singh. Holding that the FIR itself prima facie indicated misconduct by the informant regarding army recruitment bribery, and noting the applicant had no criminal history and no specific material against him, the court granted bail subject to standard conditions and upon furnishing a personal bond and two sureties.

What did the court decide?

Release of the applicant on bail upon furnishing a personal bond and two sureties each in the like amount.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28833 of 2022

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Applicant :- Kusumveer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Devesh Kumar Sharma,Punya Sheel Pandey

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Counsel for Opposite Party :- G.A.,Rajesh Kumar Tripathi

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Devesh Kumar Sharma, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned Additional Government Advocate, Sri Rajesh Kumar Tripathi, the learned counsel for the informant and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 346 of 2022, under Sections 406, 420, 467, 468, 471, 504, 506 IPC, Police Station Highway, District Mathura during pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on an application under 156 (3) Cr.P.C. lodged against the applicant and one Amit alleging that both the accused persons had taken Rs. 6,50,000/- each from the informant's son and two of his friends for getting them employed in the Military but they could not get those persons employed.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case and that he has no criminal history.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail.

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The allegation as apparent from the F.I.R. is that it was the informant himself who tried to get his son and his friends employed in the Indian Army by paying bribes and thus to pollute the Army. Thus, the F.I.R. itself prima facie indicates a misconduct having been committed by the informant himself. Keeping in view the aforesaid fact, and also keeping in view the facts that apart from the allegation levelled by the informant, there is no material against the applicant; that the applicant is languishing in jail since 25.05.2022 and that he has no criminal

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history, I am of the view that the applicant is entitled to be released on bail.

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

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Let the applicant Kusumveer Singh be released on bail in Case Crime No. 346 of 2022, under Sections 406, 420, 467, 468, 471, 504, 506 IPC, Police Station Highway, District Mathura 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:-

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

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(ii) The applicant will not influence any witness.

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

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(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.

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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.

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Order Date :- 9.11.2022

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Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.11.10 18:40:25 IST Reason: Location: High Court of Judicature at Allahabad

Kusumveer Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kusumveer Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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