Allowed

Gopal Singh v. State of U.P.

Allahabad HC20 Jan 2023BAIL/57620/2022

Case brief

AI extract

What is this about?

Bail was granted to the applicant in a fraud case where he was falsely implicated as a co-accused based on a relative's address, with no direct evidence against him. The bench referred to Apex Court principles while allowing bail subject to conditions.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties each in the like amount, subject to conditions of not tampering with evidence, cooperating in trial, and abstaining from criminal activit

Gopal Singh Vs State of U.P. — Corruption | Allahabad HC (2023)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57620 of 2022

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Applicant :- Gopal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Kumar 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.214 of 2019, under Sections 420, 467, 468, 471, 120-B I.P.C. P.S. Kotwali, District Kanpur Nagar, during pendency of the trial.

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The allegation in the F.I.R. is that, accused Sachin Kumar on false death certificate, claimed life insurance amount.

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Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; as per F.I.R., no allegation is made out against the applicant; Coaccused Sachin Kumar is relative of the applicant and has given the address of the applicant on that account, the applicant has been implicated in the present case. The applicant is not agent of ICICI Prudential Life Insurance Co. Ltd. and has not made any claim. There is no evidence against the applicant. 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 19.10.2022 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, Gopal Singh, 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 :- 20.1.2023 Meenu Singh

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

Gopal Singh v. State of U.P.

Case brief

What is this about?

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Gopal Singh v. State of U.P.

Case brief

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