Allowed

Sanjay Kumar v. State of Up.

Allahabad HC23 Mar 2022BAIL/5419/2022

Case brief

AI extract

What is this about?

The High Court, Allahabad, allowed bail to Sanjay Kumar in a case related to cheating and forgery. The applicant alleged false implication as a member of a solver gang. The court granted bail subject to standard conditions without expressing an opinion on the merits.

What did the court decide?

Bail granted on personal bond and two sureties each, conditioned on not tampering with evidence or witnesses.

Sanjay Kumar Vs State of Up. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5419 of 2022

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Applicant :- Sanjay Kumar Opposite Party :- State Of Up. Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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

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It is submitted that applicant is innocent and has been falsely implicated in this case by the police showing his arrest in the night with other co-accused persons. He has been roped in this case on the basis of confessional statement of co-accused Vikas Kumar. Neither applicant was appearing in any examination nor making agreement with others to appear in the examination on someone's place. Police has made false and concocted story against the applicant by telling him as a member of solver gang. There is no criminal antecedent against the applicant. The alleged recovery from the possession of applicant is false and frivolous. Applicant is languishing in jail since 09.12.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. opposed the prayer for bail and urged applicant is also a member of solver gang and works in collaboration with other co-accused persons, therefore, he is not entitled for bail.

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Considering the facts and circumstances of the case, the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the 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 Sanjay Kumar involved in Case Crime No.947 of 2021, under Sections 419, 420, 467, 468, 471, 120B/34 I.P.C. & Section 3/9/6 & 10 of U.P. Public Examination Act, 1998, Police Station Sector-58 Noida, District Gautambudh Nagar, 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.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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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 or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 23.3.2022 Ashok Gupta

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Digitally signed by ASHOK KUMAR GUPTA Date: 2022.03.25 17:37:52 IST Reason: Location: High Court of Judicature at Allahabad

Sanjay Kumar v. State of Up.

Case brief

What is this about?

What did the court decide?

Sanjay Kumar v. State of Up.

Case brief

What is this about?

What did the court decide?

What the court decided

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