Allowed

Mahendra Singh v. State of U.P.

Allahabad HC28 Sept 2022BAIL/39683/2022

Case brief

AI extract

What is this about?

The Court allowed the bail application of Mahendra Singh, a 70-year-old accused charged with cheating, forgery, and criminal conspiracy. Based on the applicant's innocence, lack of criminal history, and credible arguments, the Court granted bail subject to specific conditions regarding tampering with evidence and cooperating in the trial.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties in like amount to the satisfaction of the court concerned.

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

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39683 of 2022

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Applicant :- Mahendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Sisodia,Dhirendra Kumar Srivastava

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Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,J.

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

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.169 of 2022, registered under Sections 364-A, 395, 412, 120-B I.P.C., Police Station-Said Nangli, District Amroha during the pendency of the trial.

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As per prosecution version, applicant has demanded Rs.5,00,000/- from the family members of the first informant by calling his mobile-phone.

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Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present crime. Applicant is a 70 years old person. He further submits that nothing has been recovered from the possession of the applicant as has been alleged in the FIR. One mobile phone bearing no.7505408293 by which Rs.5,00,000/- was demanded from the family members of the first informant, has been recovered from the possession of the co-accused-Sajid not from the applicant and even at the time of the arrest, there was no mobile phone available in the possession of the applicant. He further submits that present matter relates to extra-marital affair where the role of the applicant is assigned to settle the matter. He further submits that apart from this case, applicant does not have any criminal history. Applicant is a law abiding citizen and there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 15.07.2022 and the possibility of conclusion of trial in near future is very bleak.

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Learned A.G.A. has vehemently opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case,

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submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.

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Let the applicant, namely, Mahendra Singh who is involved in the aforesaid case crime, 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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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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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Order Date :- 28.9.2022 Ashutosh

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Digitally signed by ASHUTOSH SINGH Date: 2022.09.30 17:08:04 IST Reason: Location: High Court of Judicature at Allahabad

Mahendra Singh v. State of U.P.

Case brief

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Mahendra Singh v. State of U.P.

Case brief

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