Allowed

Koyale and 2 Others v. State of U.P. Thru.Prin. Secy. Home Lko.

Allahabad HC9 Oct 2023/3875/2022

Case brief

AI extract

What is this about?

The single judge allowed bail to the applicants in Case Crime No. 15 of 2021, registered under IPC sections related to forgery and cheating. The court opined that the facts stated by the applicants were sufficient to make out a case for bail, subject to specific conditions.

What did the court decide?

Applicants released on bail on furnishing personal bond and two sureties each, subject to conditions regarding evidence and witness tampering.

Koyale and 2 Others Vs State of U.P. Thru.Prin. Secy. Home Lko. — Corruption | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:64939

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3875 of 2022

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Applicant :- Koyale And 2 Others Opposite Party :- State Of U.P. Thru.Prin. Secy. Home Lko. Counsel for Applicant :- Sharvan Kumar Pandey,Arvind Kumar Tiwari,Km. Anjali Gautam Counsel for Opposite Party :- G.A.,Manoj Kumari Tiwari

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Arvind Kumar Tiwari, the learned counsel for the applicants, Sri Jayant Singh Tomar, the learned A.G.A. for the State and Sri Manoj Kumar Tiwari, the learned counsel for the informant.

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The instant application has been filed seeking release of the applicants on bail in Case Crime No. 15 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C., registered at Police Station Sonwa, District Shravasti.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.01.2021 against 13 persons, including the applicants, alleging that the informant's sister in law had executed her last will in favour of the informant and she died on 05.10.2020. Two sale deeds were executed after her death on 09.12.2020 and 26.12.2020 by putting up some imposter in her place. One of the sale deeds has been executed in favour of the applicant.

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In the affidavit filed in support of bail application it has been stated that the applicants are innocent, they have been falsely implicated in the present case and they have no criminal history. A supplementary affidavit has been filed on behalf of the applicants stating that a Suit No.301 of 2023 for cancellation of

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sale deed has already been filed.

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Learned counsel for the applicants has submitted that the applicants are languishing in jail since 24.06.2021, 23.07.2021 and 14.08.2021 without any progress in the trial and even charges have not been framed till date.

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The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the case and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicants on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicants-Koyale, Fool Chandra & Nakchhed be released on bail in Case Crime No. 15 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C., registered at Police Station Sonwa, District Shravasti on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicants shall not tamper with the prosecution evidence;

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(ii) the applicants shall not pressurize the prosecution witnesses;

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(iii) the applicants shall appear on each and every date fixed by the trial court.

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(Subhash Vidyarthi, J.)

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Order Date :- 9.10.2023 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Koyale and 2 Others v. State of U.P. Thru.Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Koyale and 2 Others v. State of U.P. Thru.Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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