Allowed

Niranjan Kumar @ Vikas Kumar v. State of U.P.

Allahabad HC22 Aug 2023BAIL/35608/2023

Case brief

AI extract

What is this about?

This bail application was filed by Niranjan Kumar challenging his arrest in a case involving cheating and forgery offences. The Learned Single Judge, applying the principles laid down in Dataram Singh, allowed the bail application. The applicant was released on furnishing a personal bond and two heavy sureties subject to standard conditions.

What did the court decide?

Release on bail by furnishing a personal bond and two heavy sureties each in the like amount, subject to specific conditions.

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

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Neutral Citation No. - 2023:AHC:169065

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Court No. - 73

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35608 of 2023

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Applicant :- Niranjan Kumar @ Vikas Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Pandey 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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The prosecution story as unfolded in the FIR is that in a competitive examination for the post of Gram Panchayat Adhikari/ Gram Vikas Adhikari/ Samaj Kalyan Paryavekshak being held on 27.6.2023, the present accused applicant was appearing in the said examination on behalf of Raji Kumar, who was held in the examination centre. FIR was lodged and investigation started.

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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 accused applicant was not arrested on spot as alleged in the FIR and no incriminating article has been recovered from a place under his control or possession. It is further submitted that only for showing good work police has falsely implicated him in the present matter. It is also submitted that there is no public witness of the said incident. Applicant is languishing in jail since 27.6.2023 having no criminal history 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

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bail. The bail application is allowed.

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Let the applicant Niranjan Kumar @ Vikas Kumar involved in Case Crime No. 350 of 2023, under Sections 419, 420, 467, 468, 471 IPC, and 6/10 U.P. Public Examination Act, P.S. Kotwali, District- Azamgarh 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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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.

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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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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.

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Order Date :- 22.8.2023 Fhd

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

Niranjan Kumar @ Vikas Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Niranjan Kumar @ Vikas Kumar v. State of U.P.

Case brief

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What did the court decide?

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