Allowed

Umesh v. State of U.P.

Allahabad HC8 Nov 2023BAIL/47962/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by Umesh in a cheating and forgery case, noting the applicant claimed false implication and lack of criminal history, and deemed he had made out a case for bail without examining merits.

What did the court decide?

The applicant was ordered to be released on bail upon furnishing a personal bond and two sureties, subject to specific conditions regarding presence in court and conduct.

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

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Neutral Citation No. - 2023:AHC:215579

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Court No. - 72

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47962 of 2023

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Applicant :- Umesh Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Ashok Kumar Singh, learned counsel for the applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No. 579 of 2023, under Sections 419, 420, 467, 468, 471, 34 I.P.C. and Section 66 I.T. Act, Police Station Hapur Kotwali Nagar, District Hapur, during the pendency of trial.

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As per prosecution case, the person, having mobile No. 9413727023, is stated to have forged the documents of the husband of the informant and got issued the said mobile number to him and was hell bent on misusing it.

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Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Learned counsel has stated that the F.I.R. instituted on the basis of suspicion only. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 12.08.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has vehemently opposed the bail application.

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Considering the facts and circumstances of the case,

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submissions made by learned counsel for the parties, the evidence on record, 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 bail. The bail application is allowed.

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Let the applicant- Umesh who is involved in aforementioned case crime 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 following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with evidence.

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(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 8.11.2023 Manoj

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Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad

Umesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Umesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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