Allowed

Chandra Shekhar v. State of U.P.

Allahabad HC23 Jan 2023BAIL/53627/2022

Case brief

AI extract

What is this about?

Single Judge Court considered a bail application filed for offences under various IPC sections. The applicant alleged false implicate and lack of evidence. The Court held that the applicant had made out a case and granted bail subject to personal bond and sureties.

What did the court decide?

Applicant to be released on bail on furnishing personal bond and two sureties each in the like amount subject to conditions.

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

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53627 of 2022

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Applicant :- Chandra Shekhar Opposite Party :- State of U.P. Counsel for Applicant :- Bhaiya Ram Maurya,Anand Mohan Pandey

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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. 540 of 2022, under Sections 420, 406, 411, 182 I.P.C., P.S. Bhogaon, District Mainpuri, 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 due to ulterior motive. The applicant is not named in the F.I.R. His name surfaced in confessional statement. The applicant is employee of agency to fill ATM of ICICI Bank. On 14.10.2022, the applicant was arrested by police and false recovery of Rs. 9 lac. has been shown from the possession of the applicant. The applicant lodged F.I.R. against unknown persons but implicated by prosecution on false and fabricated evidences. There is no evidence of the alleged recovery. 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 20.10.2022 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, Chandra Shekhar, who is involved in the

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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 :- 23.1.2023 Meenu Singh

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

Chandra Shekhar v. State of U.P.

Case brief

What is this about?

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Chandra Shekhar v. State of U.P.

Case brief

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