Allowed

Anirudh Prasad v. State of U.P. thr.its Sec. Home U.P.

Allahabad HC26 May 2023BAIL/16047/2023

Case brief

AI extract

What is this about?

The Court granted bail to the applicant in a criminal case involving theft under Sections 392, 411 IPC, allowing release on personal bond and two sureties subject to conditions regarding trial cooperation and barring tampering with witnesses.

What did the court decide?

Released on bail on furnishing personal bond and two sureties subject to conditions against tampering and adultery.

Anirudh Prasad Vs State of U.P. thr.its Sec. Home U.P. — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:123683

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Court No. - 86

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e-Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16047 of 2023

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Applicant :- Anirudh Prasad Opposite Party :- State Of U.P. Thr.Its Sec. Home U.P. Counsel for Applicant :- Rakesh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Rakesh Yadav, 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.106 of 2023, under Sections 392, 411 I.P.C., P.S. Gularahia Thana, District Gorakhpur.

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Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; the applicant was not named in the first information report and his name has come into light during the course of investigation; nothing has been recovered from possession of applicant; there is no independent witness of the alleged recovery. The applicant was not arrested from spot. The applicant has criminal history, which have been explained in paragraph nos.13 & 14 of the affidavit accompanying this bail application and in paragraph no.4 of the supplementary affidavit dated 21.4.2023, which is on record. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 18.2.2023 and in case he is enlarged 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, Anirudh Prasad , who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two 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 :- 26.5.2023 Dev/-

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

Anirudh Prasad v. State of U.P. thr.its Sec. Home U.P.

Case brief

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Anirudh Prasad v. State of U.P. thr.its Sec. Home U.P.

Case brief

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