Allowed

Pavan Kumar v. State of U.P.

Allahabad HC4 May 2022BAIL/8660/2022

Case brief

AI extract

What is this about?

The High Court of Allahabad granted bail to Pavan Kumar in a criminal case involving cheating and forgery allegations. The court noted that main allegations were against a co-accused and the trial's conclusion was distant, finding it a fit case for release on personal and surety bonds with conditions.

What did the court decide?

Released on bail by furnishing personal bond and two sureties of like amount with specific conditions.

Pavan Kumar Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8660 of 2022

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Applicant :- Pavan Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Dharmaveer Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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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 by the applicant seeking bail in Case Crime No. 23 of 2022, under Sections-419, 420, 467, 468, 471 I.P.C., Police Station-Sikanderpur, District Ballia.

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Learned counsel for the applicant submitted that accusedapplicant is innocent and has been falsely implicated in the instant case. The applicant is in jail since 19.01.2022 and the possibility of conclusion of trial in near future is very bleak. The applicant has no criminal history to his credit, which has not been disputed by the learned AGA.

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It is also stated that based upon the allegations made in the FIR, no offence is made out against the applicant as the main allegations made in the FIR are against Harishanker Rao, coaccused who opened the Current Account in the Punjab National Bank, Branch Sikanderpur, District Balia and the cheque in issue was deposited, as per allegation made in the FIR, in the Bank Account of co-accused Harishanker Rao. There is no indication in the FIR that this cheque was prepared or singed by the applicant. In these circumstances, the offence(s) indicated in the FIR, are not attracted so far as the case of the applicant is concerned. Prayer is to allow the bail application. 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.

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Learned A.G.A., Sri Inderjeet, on the basis of instructions, opposed the prayer for grant of bail, however, he has not disputed the above contention made by the learned counsel for the accused-applicant particularly that the main allegations made in the FIR are against co-accused Harishanker Rao.

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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 the main allegations are against coaccused Harishanker Rao 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- Pavan Kumar be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish 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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(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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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 :- 4.5.2022 Vinay/-

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Digitally signed by VINAY KUMAR Date: 2022.05.04 17:27:13 IST Reason: Location: High Court of Judicature at Allahabad

Pavan Kumar v. State of U.P.

Case brief

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Pavan Kumar v. State of U.P.

Case brief

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