Allowed

Babloo Bharti v. State of U.P.

Allahabad HC22 May 2023BAIL/22805/2023

Case brief

AI extract

What is this about?

In this criminal bail application, the High Court of Judicature at Allahabad considered an appeal against imprisonment. The applicant alleged false implication through fraudulent sale deeds and cheque issuance. The court, balancing the severity of charges under the IPC with the risk of witness tampering and the applicant's personal bond, granted bail subject to strict conditions regarding appearan

What did the court decide?

Aplicant released on bail with personal bond and two sureties each, subject to strict conditions regarding court appearances and prohibition of adjournments.

Babloo Bharti Vs State of U.P. — Cheque Dishonour | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:113362

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22805 of 2023

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Applicant :- Babloo Bharti Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Kumar Rai Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that the F.I.R. was lodged by the informant against the applicant with the allegation that her husband namely Ravindra executed a registered sale deed in favour of the applicant on 20.04.2022, 22.07.2022 and 03.12.2022 and amount was paid through cheque, it is also alleged that statement is marked and sale deed were executed in favour of the applicant by way of fraud. The applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that there are three sale deed executed by the husband of the first informant in favour of the applicant in different date, there is no any complaint by the husband of the first informant. Name of applicant mutated in revenue record and no objection has been filed by the husband of the informant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been contended that there is no criminal history against the applicant and he is languishing in jail since 04.04.2023.

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Learned A.G.A. opposed the prayer for bail.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.

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Let the applicant Babloo Bharti , involved in Case Crime No.166 of 2023, under Sections 420, 406, 467, 468, 471 I.P.C, Police Station Mabarakpur, District Azamgarh be released on bail on his furnishing a personal bond with two two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date :- 22.5.2023 Jitendra

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

Babloo Bharti v. State of U.P.

Case brief

What is this about?

What did the court decide?

Babloo Bharti v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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