Allowed

Kuldeep v. State of U.P.

Allahabad HC4 Apr 2023BAIL/11958/2023

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application filed by Kuldeep in a case under the Essential Commodities Act for theft of diesel. The court held that the applicant made out a case for bail due to lack of evidence and heavy dockets, allowing release on personal bond with sureties subject to conditions.

What did the court decide?

The applicant Kildeep was released on bail on furnishing a personal bond and two sureties, subject to conditions regarding witness tampering and future criminal activity.

Kuldeep Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 87

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11958 of 2023

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Applicant :- Kuldeep Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Kumar Singh,Deepshikha Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant Kuldeep with a prayer to release him on bail in Case Crime No.33 of 2023, under Section 3/7 Essential Commodities Act, P.S. Etmadpur, District Agra during pendency of the trial.

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It is alleged in the FIR that applicant was involved in stealing diesel from tanker No.U.P.80 D.T.5177. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is no evidence to prove the prosecution case. Tanker was found empty. Nothing incriminating substance has been recovered from the possession of the applicant. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 11.02.2023 and in case he is enlarged on bail he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Kuldeep, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 4.4.2023 SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Kuldeep v. State of U.P.

Case brief

What is this about?

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Kuldeep v. State of U.P.

Case brief

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