Allowed

Sandeep Kumar Lodhi v. State of U.P.

Allahabad HC28 Apr 2022BAIL/8365/2022

Case brief

AI extract

What is this about?

Single bench bail application under Section 438 CrPC where applicant sought bail alleging false implication and parity with co-accused. Court granted bail on personal bond and sureties subject to specific conditions without expressing opinion on substantive merit.

What did the court decide?

Released on bail by furnishing personal bond and two reliable sureties to satisfaction of the court.

Sandeep Kumar Lodhi Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8365 of 2022

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Applicant :- Sandeep Kumar Lodhi Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

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The present bail application has been filed on behalf of the applicant with the prayer to enlarge him on bail in Case Crime No. 06 of 2022, under Sections 420, 467, 468, 471, 272, 120-B IPC and Section 60, 63, 72 of Excise Act and Section 63, 65 of Copy Right Act, Police Station-Bindaki, District Fatehpur.

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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 allegations made against the accused-applicant are similar and identical to the co-accused Pushpraj Sing Tomar and Pradeep Yadav, who have already been released on bail by this Court vide orders dated 31.03.2022 and 29.03.2022 passed in Criminal Misc. Bail Application Nos.12182 of 2022 and 7918 of 2022. Accordingly, the applicant is also entitled for bail on the ground of parity. 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 03.01.2022.

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Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant that co-accused have already been released on bail.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind that co-accused have already been released on bail by this Court and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let applicant - Sandeep Kumar Lodhi be released on bail in the aforesaid

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Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

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(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

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(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 28.4.2022 Sanjeet

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Digitally signed by SANJEET KUMAR YADAV Date: 2022.04.29 15:37:08 IST Reason: Location: High Court of Judicature at Allahabad

Sandeep Kumar Lodhi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sandeep Kumar Lodhi v. State of U.P.

Case brief

What is this about?

What did the court decide?

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