Allowed

Sudheer Saini v. State of U.P.

Allahabad HC25 May 2023BAIL/15588/2023

Case brief

AI extract

What is this about?

The City Civil Judge allowed the bail application of Sudheer Saini in a case under IPC 380, 411 and 457. The court observed that the applicant had made out a case for bail, requiring security and criminal history verification.

What did the court decide?

Applicant released on bail upon furnishing personal bond and two heavy sureties (one to be a family member).

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

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Neutral Citation No. - 2023:AHC:118824

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15588 of 2023

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Applicant :- Sudheer Saini Opposite Party :- State of U.P. Counsel for Applicant :- Munna Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Supplementary affidavit dated 6.4.2023 filed by learned counsel for the applicant today in Court, which is on record.

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Heard Sri Jainendra Kumar Pandey, learned counsel for the applicant and Sri Mithlesh Kumar, 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.335 of 2022, under Sections 380, 411, 457 I.P.C., P.S. Patherwa, District Kushinagar.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is not named in the FIR. On the basis of suspicion, applicant implicated in the present case. The alleged recovery is false and planted and without any independent witness. No identification parade was done to prove the prosecution story. The coaccused namely Sahil @ Kartik has already been granted bail by another Bench of this Court vide order dated 3.4.2023 passed in Criminal Misc. Bail Application No.10474 of 2023, a copy of said order has been produced by learned counsel for the applicant which is taken on record. Applicant has criminal history, which has been explained in paragraph no.9 of the supplementary affidavit dated 6.4.2023, which is on record.. The applicant is languishing in jail since 25.10.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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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 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, Sudheer Saini , who is involved in the aforesaid

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case crime, be released on bail on his furnishing a personal bond and two heavy sureties (one should be of a family member) 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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i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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

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iii. 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 :- 25.5.2023 Dev/-

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Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad

Sudheer Saini v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sudheer Saini v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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