Allowed

Narad v. State of U.P.

Allahabad HC13 Oct 2023BAIL/43773/2023

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C., the Court granted bail to Narad, accused in a cheating and forgery case. Finding him a bona fide purchaser and noting a co-accused with an identical role was already granted bail, the Court held no reasonable apprehension of tampering or intimidation.

What did the court decide?

The applicant is released on bail on furnishing a personal bond and two sureties each in like amount, subject to appearing on trial dates and not interfering with evidence or witnesses.

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

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Neutral Citation No. - 2023:AHC:198647

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43773 of 2023

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Applicant :- Narad Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Singh Yadav,Sanjay Yadav 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 and learned A.G.A. for the State-opposite party.

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The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 299 of 2023, under Sections 419, 420, 467, 468, 471, 477-A I.P.C., Police Station Kotwali, District Mainpuri during the pendency of the trial.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is a bonafide purchaser of the disputed property through a sale-deed executed in the year 2003. It is next contended that co-accused Sahurwati, having identical role, has been granted bail by this Court in Criminal Misc. Bail Application No. 35023 of 2023, Sahurwati v. State of U.P., vide order dated 09.08.2023. The applicant claims parity. The applicant was earlier involved in Case Crime No. 240 of 2014, under Section 379 I.P.C., Police Station Kotwali, District Mainpuri, wherein he has been granted bail. The applicant is in jail since 18.06.2023 and if he is released on bail, he will not misuse the said liberty.

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

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Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the applicant is a bona fide purchaser through the sale-deed executed in the year 2003 and identically placed co-accused Sahurwati has been granted bail by this Court. Moreover, the applicant has remained confined for almost three and half months and after submission of the charge-sheet there is no hope of early conclusion of trial, and

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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, therefore, 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- Narad, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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; and,

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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 :- 13.10.2023 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Narad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Narad v. State of U.P.

Case brief

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