Allowed

Rahul Alias Talim v. State of U.P.

Allahabad HC5 Apr 2023BAIL/12686/2023

Case brief

AI extract

What is this about?

In a bail application under Section 431 CrPC, the court granted release to the applicant accused of cheating and criminal breach of trust. The court held that despite a prior criminal record, the weak evidence against him entitled him to bail on furnishing a personal bond and sureties.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties each in the like amount, subject to conditions of court attendance and non-interference with witnesses.

Rahul Alias Talim Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12686 of 2023

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Applicant :- Rahul Alias Talim Opposite Party :- State of U.P. Counsel for Applicant :- Mashaluddin Shah Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Mashaluddin Shah, learned counsel for the applicant and Sri Ghanshyam Mishra, learned Brief Holder for the State.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 242 of 2022, under Sections 420, 411 IPC, Police Station- Karhal, District- Mainpuri during pendency of the trial in the court below.

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FIR of the present case was lodged against unknown persons and according to the FIR, some unknown persons by representing themselves as police personnel have taken total about Rs.1,00,000/- from the informant and others.

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Learned counsel for the applicant submitted that applicant was not named in the First Information Report and during investigation it is alleged that applicant was apprehended along with one another and from his possession Rs.9300/-, one golden ring and one motorcycle were recovered and he confessed his guilt. He further submitted that on the basis of his confessional statement and alleged recovery, applicant has been made accused in the present matter. He further submitted that entire allegations made against the applicant are totally false and baseless and except the confessional statement, there is no cogent evidence against the applicant on record. He further submitted that although applicant is having criminal history of 13 other cases but he has explained the criminal history of applicant in paragraph no. 10 to the affidavit filed in support of the present bail application and in the present matter he is in jail since 20.09.2022.

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Per contra, learned AGA opposed the prayer for bail and submitted that applicant is having criminal history of 13 other cases but could not dispute the fact that from his possession only Rs.9300/- was recovered and he confessed his guilt.

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I have heard learned counsel for the parties and perused the record of the case.

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Although applicant is having criminal history of 13 other cases but in the present matter it appears that only evidence against the applicant is his confessional statement and recovery of Rs.9300/and criminal history of applicant has been explained in paragraph no. 10 to the affidavit filed in support of the present bail application and in the present matter he is in jail since 20.09.2022, therefore, in my view, applicant is entitled to be released on bail.

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In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Rahul Alias Talim be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date :- 5.4.2023 Aditya

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Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad

Rahul Alias Talim v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rahul Alias Talim v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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