Allowed

Rahul v. State of U.P. and Another

Allahabad HC10 Apr 2023BAIL/13630/2023

Case brief

AI extract

What is this about?

The Court allowed the bail application of Rahul, a student accused of appearing for another candidate. Pending trial concluded that the applicant has made out a case for bail despite the severity of charges, subject to conditions.

What did the court decide?

The applicant Rahul to be released on bail on furnishing a personal bond and two sureties each in the like amount subject to specific conditions.

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

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Court No. - 87

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13630 of 2023

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Applicant :- Rahul Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Kumar Tyagi 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 with a prayer to release him on bail in Case Crime No.0041 of 2023, under Sections 420, 467, 468, 471 I.P.C. and Section 9/10 of U.P. Public Examination (Prevention of Unfair Means) Act 1998, P.S. Sainya, District Agra, during pendency of the trial.

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The F.I.R. of the incident has been lodged on 27.02.2023 alleging that applicant was appearing on at the place of another candidate. Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; the applicant is student; as per F.I.R., no case is made out under alleged Sections against the applicant. It is further submitted that the alleged offence is bailable offence. There is no evidence against the applicant to implicate him in the present case. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 28.02.2023 and in case, he is enlarged on bail he will not misuse the liberty of bail and cooperate in trial.

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Learned A.G.A. 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 the 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, Rahul, 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 :- 10.4.2023 Meenu Singh

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Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

Rahul v. State of U.P. and Another

Case brief

What is this about?

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Rahul v. State of U.P. and Another

Case brief

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