Allowed

Aman v. State of U.P.

Allahabad HC12 Sept 2022BAIL/35365/2022

Case brief

AI extract

What is this about?

This bail application was filed by the applicant accused of cheating, criminal breach of trust, and criminal intimidation. The court, considering the nature of the case and relevant legal dicta, permitted the grant of bail. The applicant was released on a personal bond with two sureties subject to standard conditions.

What did the court decide?

Release on bail by furnishing a personal bond and two local sureties.

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

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Court No. - 82

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35365 of 2022

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Applicant :- Aman Opposite Party :- State of U.P. Counsel for Applicant :- Pramit Kumar Pal Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,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 present bail application has been filed on behalf of applicant in Case Crime No. 45 of 2018, under Sections 420, 406 and 506 of IPC, Police Station Amaritpur, District Farrukhabad with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case on account of the fact that his mother moved an application before the police on 03.02.2018 making certain allegations against the Gram Pradhan. It is further submitted that applicant is languishing in jail since 21.07.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and Another, (2018) 3 SCC 22 , without expressing any opinion on 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 Aman in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:

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

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(2). The applicant will not influence any witness.

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

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(4). The applicant shall not directly or indirectly make any 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 :- 12.9.2022 Mohit

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Digitally signed by MOHIT KUMAR KUSHWAHA Date: 2022.09.13 11:29:39 IST Reason: Location: High Court of Judicature at Allahabad

Aman v. State of U.P.

Case brief

What is this about?

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Aman v. State of U.P.

Case brief

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