Updesh v. State of U.P.
Case brief
What is this about?
This judgment grants bail to the applicant, Updesh, who was accused of cheating and forgery. The court observed the case was likely a civil dispute criminalized and granted release on bond and two sureties.
What did the court decide?
The applicant is released on bail by furnishing a personal bond and two sureties in the like amount to the satisfaction of the court.
What the court decided
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58083 of 2022
Applicant :- Updesh Opposite Party :- State of U.P. Counsel for Applicant :- Rajneesh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.676 of 2022, under Sections 420, 467, 468, 471, 120-B, I.P.C., P.S. Kotwali, District Mainpuri, during pendency of the trial.
It is alleged in the F.I.R. that co-accused Suryaveer got power of attorney and unregistered sale deed in his favour by playing fraud with informant. It is argued that applicant has been falsely implicated in the present case. Agreement to sell and power of attorney are not registered and it is between informant and coaccused Suryaveer and applicant is only marginal witness of the power of attorney. The applicant has no concern with the alleged incident. It is purely civil dispute which has been given colour of criminality as civil suit is pending for cancellation of power of attorney. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 29.10.2022 and in case, he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail in the instant case considering the allegations and circumstances.
Parties & counsel
- applicant
Updesh
Coram
Deepak Verma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/58083/2022
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