Allowed

Kishore v. State of U.P.

Allahabad HC18 Jul 2022BAIL/28857/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the bail application of an accused falsely implicated in a criminal breach of trust case. The court granted bail on personal bond and sureties with strict conditions regarding attendance, tampering with evidence, and adherence to fixed hearing dates.

What did the court decide?

Accused Kishore released on bail by furnishing a personal bond and two sureties subject to conditions to not tamper with evidence and appear for trial proceedings.

Kishore Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28857 of 2022

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Applicant :- Kishore Opposite Party :- State of U.P. Counsel for Applicant :- Chandrajeet Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A for the State.

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There is allegation of criminal breach of trust in the FIR against the named accused, Harendra Kumar, and an unknown accused. Co-accused, Harendra Kumar, is a broker of Himanshu Road Lines. He was handed over readymade garments by the informant for delivery at the destination. The vehicle did not reached the destination. The applicant was later implicated being the alleged driver of the vehicle.

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Counsel for the applicant submits that he was not the driver of aforesaid vehicle. The applicant has been falsely implicated in this case. No recovery has been made from the applicant. The applicant is in jail since 04.10.2021 and has criminal history of one case explained in affidavit in support of the bail application.

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On the other hand learned A.G.A has opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and without expressing any opinion on the merits of the case, 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, Kishore, involved in Case Crime No. 502 of 2021, under Sections- 420, 406 IPC, Police Station- Pilkhua, District- Hapur, be released on bail 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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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.

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(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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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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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 18.7.2022 Rohit

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Digitally signed by ROHIT DAS Date: 2022.07.18 18:10:49 IST Reason: Location: High Court of Judicature at Allahabad

Kishore v. State of U.P.

Case brief

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Kishore v. State of U.P.

Case brief

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