Allowed

Bhagwan Swaroop @ Chhotu @ Bajrangi v. State of U.P.

Allahabad HC11 Nov 2022BAIL/50612/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Bhagwan Swaroop @ Chhotu @ Bajrangi in a case under Sections 420, 395 and 506 IPC. The Court held the applicant entitled to bail, partly noting that a co-accused in an identical case had been granted bail, while emphasizing limits without expressing specific views on merits.

What did the court decide?

Release on bail by executing personal bond and furnishing two sureties with standard conditions including non-tampering with evidence and appearance in court.

Bhagwan Swaroop @ Chhotu @ Bajrangi Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 93

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50612 of 2022

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Applicant :- Bhagwan Swaroop @ Chhotu @ Bajrangi Opposite Party :- State of U.P. Counsel for Applicant :- Nagendra Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Surendra Singh-I,J.

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Heard Sri Nagendra Kumar Singh, learned counsel for the applicant and learned AGA for the State.

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This is an application for bail on behalf of the applicant Bhagwan Swaroop @ Chhotu @ Bajrangi in connection with Case Crime No. 151 of 2022, under Sections 420, 395 and 506 IPC, Police Station Ujhani, District Budaun.

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The submission of the learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. The applicant is not named in the FIR and his name was disclosed in the statement of co-accused Ranjeet. No recovery of any incriminating articles has been made out from the possession of the applicant. The alleged article has been recovered from the possession of co-accused Shishupal. It is also submitted that applicant has criminal history of one case under Section 3/25 of Arms Act which has duly been explained in the affidavit of bail application. It is further submitted that co-accused, Ranjeet Sahu, who was named in the FIR, has been granted bail by this Court on 23.09.2022 in Criminal Misc. Bail Application No.37138 of 2022. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 03.05.2022. In case he is enlarged on bail, he will not misuse the liberty of bail.

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Learned counsel appearing on behalf of the State has opposed the prayer for bail but could not deny the submissions advanced by learned counsel for the applicant.

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Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular the fact that identically circumstanced Ranjeet Sahu has been granted bail, but without expressing any opinion on the merit of the case, this Court is of opinion that the applicant is entitled to bail.

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The bail application, accordingly, stands allowed.

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Let the applicant Bhagwan Swaroop @ Chhotu @ Bajrangi involved in the aforementioned case be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before the court concerned.

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Order Date :- 11.11.2022 Pratima

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Digitally signed by PRATIMA AGRAHARI Date: 2022.11.11 18:07:35 IST Reason: Location: High Court of Judicature at Allahabad

Bhagwan Swaroop @ Chhotu @ Bajrangi v. State of U.P.

Case brief

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Bhagwan Swaroop @ Chhotu @ Bajrangi v. State of U.P.

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