Allowed

Abhishek @ Shivam v. State of U.P.

Allahabad HC6 Feb 2023BAIL/55462/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 55462 of 2022, the Allahabad High Court allowed bail for the applicant, who was charged under various IPC sections including theft and cheating, by observing that arguments regarding evidence and framing could not be satisfactorily refuted. Bail granted on personal bond and sureties without deep merits.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties; conditions imposed against tampering with evidence or influencing witnesses.

Abhishek @ Shivam 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. - 55462 of 2022

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Applicant :- Abhishek @ Shivam Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Kumar Yadav,Ramanuj Yadav 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. 1632 of 2021 at Police Station Kotwali Dehat, District Bulandshahar under Sections 379, 413, 414, 420, 467, 468, 471 I.P.C. The applicant is in jail since 05.09.2022.

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The bail application of the applicant was rejected by learned trial court on 10.06.2022.

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

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(1). One knife and two motorcycles were planted on the applicant to frame him in the instant case to show proficiency of the police investigators.

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(2). The applicant was a bonafide riding pillion on the motorcycle when it was seized. He had no knowledge of theft of the motorcycle nor is he liable for the same.

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

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(4) The recovered items cannot be linked with the crime.

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(5). Prosecution evidence does not connect the applicant with the offence.

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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- Abhishek @ Shivam be released on bail in 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 :- 6.2.2023 Dhananjai

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Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad

Abhishek @ Shivam v. State of U.P.

Case brief

What is this about?

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Abhishek @ Shivam v. State of U.P.

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