Allowed

Kallu @ Dhruv v. State of U.P.

Allahabad HC18 Jan 2022BAIL/36969/2021

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Kallu @ Dhruv in an offence under the Excise Act and IPC. The court found that a case for bail was made out, citing the nature of the offence, weak recovery evidence, and bail granted to co-accuseds. Two sureties were directed.

What did the court decide?

Applicant released on bail on executing personal bond and two sureties in the like amount.

Kallu @ Dhruv Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 83

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36969 of 2021

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Applicant :- Kallu @ Dhruv Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Pandey,Rohit Nandan Pandey

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Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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Heard over bail application moved by applicant, Kallu @ Dhruv in Case Crime No. 147 of 2021, under Sections- 60, 62, 63 of Excise Act and Sections 272, 420, 467, 468, 471 I.P.C., P.S. Kampil, District- Farrukhabad.

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Learned counsel for the applicant argued that the accusedapplicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 2.7.2021; he is of criminal antecedents of six cases, duly explained by him, wherein, he is on bail; there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; three persons were said to be apprehended and from their joint possession, recovery was said to be made in recovery memo whereas, no such recovery was there nor was there any independent public witness of such recovery; moreso, coaccused Satya Prakash in Criminal Misc. Correction Application No. 35241 of 2021 and Nanhe Yadav @ Phool Singh in Criminal Misc. Correction Application No. 47150 of 2021, have been granted bail by co-ordinate Benches of this Court, they too were having criminal antecedents. Hence, bail has been prayed for.

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Learned AGA has vehemently opposed, but could not oppose this fact that two co-accused, under similar circumstances, have been enlarged on bail in this very case crime number, as above.

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Having heard learned counsels for both sides and gone through materials placed on record as well as considering all above facts and circumstances, offence being exclusively triable by Magistrate Ist Class, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.

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Accordingly, the bail application is allowed.

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Let the applicant, Kallu @ Dhruv, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

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The computer generated copy of such order shall be self attested by counsel of the party concerned.

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The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 18.1.2022 Kamarjahan

Kallu @ Dhruv v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kallu @ Dhruv v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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