Allowed

Kundan Kumar v. State of U.P.

Allahabad HC21 Jun 2023BAIL/25372/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Kundan Kumar in Case Crime No. 145 of 2023, involving Sections 380, 457, and 411 of the IPC. The court noted the immediate recovery of the stolen amount and the delay in the FIR registration, deeming further police interrogation unnecessary.

What did the court decide?

Release on bail requiring a personal bond and two sureties, subject to verifying sureties and complying with standard bail conditions.

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

¶1

Neutral Citation No. - 2023:AHC:128031

¶2

Court No. - 48

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25372 of 2023

¶4

Applicant :- Kundan Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Tripathi Counsel for Opposite Party :- G.A.

¶5

Hon'ble Vinod Diwakar,J.

¶6

Heard learned counsel for the applicant and learned A.G.A. on behalf of the state, and perused the record.

¶7

The instant bail application has been filed on behalf of the applicant Kundan Kumar, with a prayer to release him on bail in Case Crime No. 145 of 2023, under Sections 380, 457, 411 of I.P.C., Police Station Blelupur, District Varanasi, during the pendency of the trial.

¶8

As per the prosecution case, the informant has collected Rs. 5,30,000/- from the customers of currier company and the accused stolen the same from the room of the complainant. After registration of the F.I.R., the said amount was recovered from the joint possession of applicant and co-accused (Santosh) on next day of date of incident; the date of incident is 07.04.2023, and the FIR was registered on 10.04.2023, and the said money was recovered on 20.04.2023.

¶9

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The FIR has been registered after delay of three days, and no explanation of the said delay has been explained by the prosecution. The applicant is not named in the FIR. The applicant has been made accused out of vengeance. He has no criminal history to his credit. The applicant has been languishing in jail since 11.04.2023. If the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

¶10

Per contra, learned A.G.A. has opposed the bail application and submits that the charge sheet has already been filed against the accused/ applicant.

¶11

Be that as it may, having heard the learned counsel for the parties, after perusal of the record, keeping in view of the period undergone, and stolen amount has already been recovered from the possession of the applicant and the applicant is no more required for the interrogation by the police; the applicant has been in jail since 11.04.2023 and cooperated with the investigating officer during the investigation; it will take a sufficiently long time to conclude the trial, and no purpose would be served in keeping the accused-applicant in jail. Considering the facts above, this court is inclined to enlarge the accused applicant on bail. Therefore, the bail application is allowed .

¶12

Observations made by this court while deciding the present bail application are prima facie in nature and shall have no bearing on the trial of the case.

¶13

Let the applicant, Kundan Kumar , be released on bail on his furnishing a personal bond and two sureties each in the like amount to the court's satisfaction, subject to the following conditions. Further, before issuing the release order, the sureties be verified.

¶14

i. The applicant shall not tamper with the evidence and shall cooperate with the police as required.

¶15

ii. The applicant shall refrain from pressurizing the witnesses during the trial.

¶16

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

¶17

In case of breach of any of the above conditions, the same shall be grounds for cancellation of bail.

¶18

Order Date :- 21.6.2023 Satish

¶19

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

Kundan Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kundan Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Pravin Vs State of U.P.

Rehaan Vs State of U.P. and 3 Others

Salman Vs State of U.P.

Danish Vs State of U.P. and 3 Others

Kamran and 2 Others Vs State of U.P.

Usman Vs State of U.P.