Allowed

Virendra Kumar Alka v. State of U.P.

Allahabad HC25 Aug 2023BAIL/10971/2023

Case brief

AI extract

What is this about?

Second bail application by Virendra Kumar Alka in a cheating and forgery case. Applicant argued inordinate trial delays, non-framing of charges, risk of indefinite imprisonment, and sought parity with a co-accused. Court allowed bail without observing merits on substantive facts, imposing personal bond and sureties.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties in like amount with imposed conditions against tampering and absence.

Virendra Kumar Alka Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:172208

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10971 of 2023

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Applicant :- Virendra Kumar Alka Opposite Party :- State of U.P. Counsel for Applicant :- Shishir Tandon Counsel for Opposite Party :- G.A.,Ramji Singh Patel,Swetashwa Agarwal

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Hon'ble Ajay Bhanot,J.

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By means of the second bail application the applicant has prayed to be enlarged on bail in Case Crime No.115 of 2021 at Police Station-Shivpur, District-Varanasi under Sections 417, 420, 467, 468, 406, 504, 506, 471 IPC. The applicant is in jail since 24.06.2021.

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The first bail application of the applicant was rejected by this Court on 21.12.2021.

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The following arguments made by Shri Shishir Tandon, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Yash Raj, learned counsel holding brief of Shri Swetashwa Agarwal, learned counsel for the informant and Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

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The applicant is a law abiding citizen who cooperated in the investigations and has joined the trial proceedings.

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The trial is moving at a snail's pace and shows no signs of an early conclusion. The applicant is not responsible for the delay in the trial.

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The charges have not been framed till date. The prosecution proposes to examine 7 witnesses. The prosecution is deliberately delaying the trial only to prolong the detention of the applicant.

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Inordinate delay in the trial will lead to indefinite imprisonment of the applicant without their being any credible evidence to implicate him in the offence. Right of the applicant to a speedy trial has been violated.

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The applicant claims congruency in role and seeks parity in relief granted to the co-accused-Dharmendra Kumar, who has been granted bail by this Court on 25.05.2022 in Criminal Misc. Bail Application No.14055 of 2022.

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The applicant has explained his criminal history. It is contended that the applicant is a convenient scapegoat for the police authorities who have falsely nominated him in another case only to show the proficiency of the police investigators. The said case has no bearing on the instant bail application.

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The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without

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making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Virendra Kumar Alka be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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

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Order Date :- 25.8.2023 Ashish Tripathi

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Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad

Virendra Kumar Alka v. State of U.P.

Case brief

What is this about?

What did the court decide?

Virendra Kumar Alka v. State of U.P.

Case brief

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