Badal v. State of U.P.
Case brief
What is this about?
The High Court granted bail to the applicant in a criminal case involving cheating and criminal breach of trust, furnishing a personal bond and two sureties subject to strict conditions regarding attendance at trial.
What did the court decide?
Release on bail subject to personal bond, two sureties, and strict conditions regarding court attendance and no abuse of liberty.
What the court decided
Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39053 of 2022
Applicant :- Badal Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Jagdish Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No.278 of 2022, under Sections 420, 406, IPC, Police Station- Sadar Bazar, District - Saharanpur.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that the entire allegation contained in the FIR is false, frivolous and fabricated. It is further submitted that as per the FIR it is alleged that the applicant has sold the vehicle bearing No.UP 11 BW 9307 by preparing forged document, which is incorrect. It is further submitted that 14 other cars have been recovered by the police from the possession of the applicant, but from the remand order it is crystal clear that the aforesaid recovery has been planted. It is further submitted by learned counsel for the applicant that the applicant has been implicated in case crime no.131 of 2022 and case crime no.133 of 2022, in which he has already been enlarged on bail, copies whereof has been produced during course of the argument. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 14.05.2022 and the possibility of conclusion of trial in near future is very bleak.
Issues for consideration
2 issues framed by the court
Whether the applicant is eligible for bail in the pending trial.
Whether bail conditions should be imposed to secure the applicant's presence.
Parties & counsel
- applicant
Badal
- respondent
State of U.P.
Coram
Gajendra Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/39053/2022
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