Allowed

Suraj Bharadwaj v. State of U.P.

Allahabad HC18 Jan 2023BAIL/53192/2022

Case brief

AI extract

What is this about?

This judgment grants bail to an applicant charged under IPC Sections 395, 412, and 506, who contends he was falsely implicated and has no criminal history, while directing him to cooperate in the trial and meet bond conditions.

What did the court decide?

Release on bail with a personal bond and two sureties, subject to conditions of no witness tampering, sincere cooperation in trial, and no criminal activity.

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

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53192 of 2022

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Applicant :- Suraj Bharadwaj Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.812 of 2019, under Sections 395, 412, 506 I.P.C., P.S. Nauchandi, District Meerut, during pendency of the trial.

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Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case. The applicant is not named in the F.I.R. His name surfaced in the confessional statement of co-accused. There is no evidence to implicate the applicant in the present case. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 30.09.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021, 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, Suraj Bharadwaj, who is involved in the aforesaid 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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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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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Order Date :- 18.1.2023 Meenu Singh

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Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

Suraj Bharadwaj v. State of U.P.

Case brief

What is this about?

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Suraj Bharadwaj v. State of U.P.

Case brief

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