Allowed

Sachin Kumar v. State of U.P.

Allahabad HC18 Aug 2023BAIL/33749/2023

Case brief

AI extract

What is this about?

Criminal bail application filed by Sachin Kumar under Section 439 Cr.P.C. against four charges under the IPC. Court granted bail on personal bond and two sureties, subject to strict conditions regarding court attendance and disposal of property, citing parity with a co-accused without assessing merits.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each in a like amount to the satisfaction of the Court concerned.

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

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Neutral Citation No. - 2023:AHC:166849

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33749 of 2023

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Applicant :- Sachin Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Kumar Jaiswal,Akash Tyagi,Amit Daga,Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Renu Agarwal,J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the record.

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The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.86 of 2023 under Sections 420, 406, 467, 468, 471 IPC Police Station Nai Mandi District Muzaffarnagar.

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Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motive. The applicant is not named in the FIR. The name of the applicant surfaced in the instant case in the additional statement of informant recorded on 03.06.2023. The applicant is neither a beneficiary nor executant or a witness to the sale deed. General allegations has been made against the applicant by the informant in his additional statement. The applicant is not a beneficiary of any illicit transaction. There is no cogent piece of evidence so as to connect the present applicant with the instant matter. Identically

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situated co-accused Sanjay Kashyap has already been enlarged on bail by this Court in Criminal Misc. Bail Application No. 32321 of 2023, vide order dated 08.08.2023. The applicant is seeking parity in relief granted to the aforesaid co-accused. Apart from the instant case the applicant has no criminal history. The applicant is languishing in jail since 09.06.2023, in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings.

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On the other hand, learned AGA has opposed the prayer for bail but could not controvert the aforesaid factual matrix.

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Considering the facts and circumstances of the case and taking into account that the accused-applicant has been enlarged on bail in the cases shown in the gang-chart and without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.

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The bail application is allowed.

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Let applicant-Sachin Kumar be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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

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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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(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them

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till the conclusion of trial.

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(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned.

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(Renu Agarwal,J.)

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Order Date :- 18.8.2023 Nadeem

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Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad

Sachin Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sachin Kumar v. State of U.P.

Case brief

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What did the court decide?

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