Allowed

Jitendra Tyagi v. State of U.P.

Allahabad HC22 Jun 2023BAIL/25452/2023

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to Jitendra Tyagi accused under Sections 392 and 411 IPC. The court held that grounds for bail were sufficient and allowed the application citing the Apex Court in Dataram Singh without expressing an opinion on merits.

What did the court decide?

Released on bail upon furnishing a personal bond and two heavy sureties each in the like amount, subject to verified conditions.

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

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Neutral Citation No. - 2023:AHC:128125

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Court No. - 51

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25452 of 2023

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Applicant :- Jitendra Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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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 the applicant is innocent and has been falsely implicated in the present case. He has not committed any offence. Alleged offences are not made out against the applicant. The allegations made in the FIR are false. It is further submitted that the applicant was not named in the FIR and his name came into light on the basis of the statement of the co-accused. He has been implicated in the present case on the basis of recovery of Rs. 59,000/-. It is further submitted that the alleged recovery from the applicant is false because there is no independent witness of the alleged recovery. It is further submitted that co-accused Aman and Ajay Jaat have been granted bail by co-ordinate Bench of this Court in Cr. Misc. Bail Application No. 25029 of 2023 by order dated 9.6.2023 and Cr. Misc. Bail Application No. 23234 of 2023 by order dated 24.5.2023. Pleading false implication it is lastly contended that the accused applicant is languishing in jail since 28.3.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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On the other hand, learned AGA opposed the prayer for bail.

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Grounds for bail are sufficient. Hence, keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 , 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 Jitendra Tyagi involved in Case Crime No.87 of 2023, under Sections-392 and 411 IPC, Police Station-Etmadpur, District-Agra be released on bail on furnishing a personal bond and two heavy sureties 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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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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

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Submissions and observations made in this order are only for deciding the bail application. The trial Court while deciding the trial will not be influenced with the same. Order Date :- 22.6.2023//Fhd

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Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad

Jitendra Tyagi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jitendra Tyagi v. State of U.P.

Case brief

What is this about?

What did the court decide?

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