Allowed

Pravesh v. State of U.P.

Allahabad HC10 Feb 2023BAIL/4441/2023

Case brief

AI extract

What is this about?

In this criminal miscellaneous bail application, the Allahabad High Court allowed the applicant, who was in jail, to be released on bail with a personal bond and two sureties, noting arguments regarding witness unreliability and evidence tampering without making observations on merits.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each to the satisfaction of the trial court.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4441 of 2023

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Applicant :- Pravesh Opposite Party :- State of U.P. Counsel for Applicant :- Ashvni Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.444 of 2022 at Police Station Akarabad, District-Aligarh under Sections 392, 120-B, 411 I.P.C. The applicant is in jail since 14.11.2022.

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The bail application of the applicant was rejected by the learned trial court on 24.12.2022.

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The following arguments made by Shri Ashvni Mishra, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned A.G.A.-I from the record, entitle the applicant for grant of bail:

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(1). The applicant was nominated in the statement of a witness who is not reliable and is implicated in another criminal case.

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(2). The statement was extracted by the police authorities from the said victim to give her a better deal in the investigations.

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(3). Recovered items were planted on the

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applicant to implicate him in this case to burnish credentials of the police authorities.

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(4). There is no independent witness to the recovery.

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(5). In fact, the items were recovered from a powerful person.

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(6). The applicant has explained his criminal history. It is also contended that the applicant belongs to the economically poor strata of the society and is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in a number of cases only to show the proficiency of the police investigators. The said cases do not have any bearing on the instant bail application.

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(7). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant -Pravesh be released on bail in

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the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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

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Order Date :- 10.2.2023 Vandit

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Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad

Pravesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pravesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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