Allowed

Sunil Yadav v. State of U.P.

Allahabad HC29 May 2023BAIL/19319/2023

Case brief

AI extract

What is this about?

In a bail application regarding cheating and forgery, the Allahabad High Court, considering the rule of bail and lack of exceptional circumstances for refusal, allowed the release of the applicant on personal bond and sureties.

What did the court decide?

Applicant released on bail on personal bond and two sureties subject to specific conditions including appearance and non-interference.

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

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Neutral Citation No. - 2023:AHC:119733

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19319 of 2023

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Applicant :- Sunil Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Misra,Sushil Kumar Mishra

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Counsel for Opposite Party :- G.A.,Vishnu Swaroop Srivastava

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Hon'ble Vikram D. Chauhan,J.

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Learned A.G.A. submits that instructions have been received and he has no objection in case the bail application is heard on merits.

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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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It is submitted by learned counsel for the applicant that as per the allegations in the first information report, the informant was promised a job in the college and in this respect, sum or Rs. 5,00,000/- was taken by the applicant as a consideration. It is further submitted by learned counsel for the applicant that as per the informant, the amount is Rs. 4,75,000/-, and as per the witnesses, the amount is Rs. 2,75,000/-. Learned counsel for the applicant submits that a draft of Rs. 2,75,000/- has been handed over to the learned counsel for the informant in Court, today .The draft has been submitted without prejudice to the right of the applicant in the trial court proceeding. The applicant has no criminal history. The applicant is languishing in jail since 14.10.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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3A. Sri Dev Kaushal, Advocate, holding brief of Sri Vishnu Swaroop Srivastava, learned counsel for the informant submits that the draft of Rs. 2,75,000/- has been received, however, the same is without prejudice to the trial court proceeding and the same is received as a part payment towards the alleged dues.

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Learned A.G.A. for the State opposed the prayer for bail but does not dispute factual matrix of the case.

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Learned A.G.A. has not brought any fact or circumstances to indicate criminal history or antecedents of the applicant which would disentitle the applicant for Bail.

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It is not the case of the State that the applicant has not cooperated in the investigation or proceedings before the trial court.

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The principle that Bail is a rule and Jail is an exception has been well recognised by Apex Court more specifically on the touch stone of Article 21 of the Constitution. The said principle has been reiterated by the Apex Court in Satyendra Kumar Antil Vs Central Bureau of Investigation and another, 2022 (10) SCC 51 . Learned A.G.A. has not shown any exceptional circumstances which would warrant denial of bail to the Applicant.

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No material, facts or circumstances has been shown by learned A.G.A. that the accused may tamper with the evidence or witnesses or the accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence.

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It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned A.G.A. for the State.

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Learned A.G.A. for the State has not shown any material or circumstances that the accused/applicant is not entitled to bail in larger interests of the public or State.

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Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, 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 Sunil Yadav involved in Case Crime No. 506 of 2016, under Sections 419, 420, 406, 504, 506 I.P.C., Police Station- Chauri Chaura, District- Gorakhpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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(i). The applicant will not tamper with the evidence during the trial.

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(ii). The applicant will not pressurize/intimidate the prosecution witness.

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(iii). The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required.

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(iv). The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(v). The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

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(vi). The applicant shall not leave India without the previous permission of the Court.

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(vii). In the event, the applicant changes his residential address, he shall inform the court concerned about his new residential address in writing.

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

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Order Date :- 29.5.2023 Sumit Kumar

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Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad

Sunil Yadav v. State of U.P.

Case brief

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Sunil Yadav v. State of U.P.

Case brief

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