Allowed

Ajay @ Ajeet v. State of U.P.

Allahabad HC17 May 2023BAIL/16197/2023

Case brief

AI extract

What is this about?

Division Bench allowed bail to the applicant in a criminal case under various IPC sections involving cheating and forgery, subject to the furnishing of a personal bond and two heavy sureties, one being a family member.

What did the court decide?

Release on bail upon furnishing a personal bond and two heavy sureties (one being a family member) in like amount, subject to specified conditions.

Ajay @ Ajeet Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:113889

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16197 of 2023

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Applicant :- Ajay @ Ajeet Opposite Party :- State of U.P. Counsel for Applicant :- Shesh Mani Misra,Tejasvi Misra Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Tejasvi Misra, 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.319 of 2021, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., P.S. Nai Mandi, District Muzaffarnagar.

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Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; the first information report of the alleged incident is delayed for which no plausible explanation has been given which itself falsify the prosecution story; the applicant has not committed the crime in question; nothing has been recovered from possession of applicant; the applicant has not committed the crime in question there is no independent witness of the alleged recovery. The applicant has criminal history, which has been explained in paragraph nos.13 and 14 of the affidavit accompanying this bail application. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 20.10.2022 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, Ajay @ Ajeet , who is involved in the aforesaid 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

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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 :- 17.5.2023 Dev/-

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

Ajay @ Ajeet v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ajay @ Ajeet v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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