Allowed

Sukhram v. State of U.P.

Allahabad HC8 Dec 2023BAIL/50133/2023

Case brief

AI extract

What is this about?

The High Court allowed bail to Sukhram in a criminal case involving fraud and forgery. Finding the dispute civil in nature with no cogent evidence against the applicant, who has no criminal history, the court granted bail subject to a personal bond and two sureties.

What did the court decide?

Release of the applicant on bail upon furnishing a personal bond and two sureties of like amount, subject to conditions regarding evidence and court appearances.

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

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Neutral Citation No. - 2023:AHC:233397

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50133 of 2023

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Applicant :- Sukhram Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar,Rajeev Kumar Pal Counsel for Opposite Party :- G.A.,Kumar Sreshtha

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Hon'ble Vivek Varma,J.

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Heard learned Counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State 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. 359 of 2021, under Sections 419, 420, 467, 468, 120B, 471 and 506 of I.P.C., Police Station- Colonelganj, District- Prayagraj, during pendency of the trial.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The dispute is primarily of civil in nature and has been given colour of a criminal case to harass the applicant. A civil suit is also pending between the parties. At this stage, there is no cogent evidence to link the applicant with the offence. The applicant is in jail since 05.09.2023 having no criminal history and in case he is enlarged 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 counsel for the parties and having perused the record, this Court prima facie finds that the dispute is primarily of civil in nature. Civil suit with regard to the disputed property is pending between the parties. At this stage, there is no substantive evidence against the applicant. Further, the applicant has no criminal antecedents and has remained confined for more than three months and after submission of the charge-sheet 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, Sukhram , involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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i. the applicant shall not temper with the prosecution evidence;

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ii. the applicant shall not pressurize the prosecution witness;and,

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iii. the applicant shall appear on each and every date fixed by the trial court.

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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 :- 8.12.2023 Sachin Mishra

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Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad

Sukhram v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sukhram v. State of U.P.

Case brief

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