Allowed

Karan @ Billa v. State of U.P.

Allahabad HC28 Aug 2023BAIL/37813/2023

Case brief

AI extract

What is this about?

Single judge granted bail to Karan alias Billa under Section 439 Cr.P.C. in a cheating case, noting lack of recovery and no reasonable apprehension of tampering or witness intimidation, allowing a personal bond with two sureties.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties in like amount subject to appearance, non-tampering with evidence, and non-pressurizing witnesses.

Karan @ Billa Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:173031

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37813 of 2023

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Applicant :- Karan @ Billa Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant, learned AGA for the State-respondent and perused the record.

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The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 92 of 2021, under Sections 41/411, 412, 413, 414 IPC, Police Station Kotwali, District Fatehpur, during the pendency of trial.

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Counsel for the applicant submits that the applicant was not named in the first information report nor he was arrested at the spot. The name of the applicant was disclosed by the co-accused persons, who were arrested at the spot. The said statements insofar as it implicate the applicant is unreliable. No recovery of any incriminating article has been made from the applicant. The criminal history of the applicant has been explained in para 14 of the affidavit. The applicant is in jail since 18.07.2023 and in case he is enlarged on bail, he will not misuse the said liberty.

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Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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After hearing the rival contentions, this Court prima facie finds that the applicant was not apprehended at the spot and the complicity of the applicant has been disclosed by the persons, who were arrested at the spot, the applicant has remained confined for almost one and half months and after submission of the chargesheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant Karan @ Billa involved in the aforesaid case

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be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses.

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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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Order Date :- 28.8.2023 Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Karan @ Billa v. State of U.P.

Case brief

What is this about?

What did the court decide?

Karan @ Billa v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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