Allowed

Lal Bahadur Singh v. State of U.P.

Allahabad HC7 Apr 2023BAIL/5848/2023

Case brief

AI extract

What is this about?

The High Court granted bail to Lal Bahadur Singh in a case involving cheating and forgery. The court upheld a compromise between parties and imposed strict conditions, including adherence to the settlement and attendance requirements during the trial.

What did the court decide?

Released on bail with personal bond and two sureties subject to conditions including compromise adherence and court appearance.

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

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5848 of 2023

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Applicant :- Lal Bahadur Singh Opposite Party :- State of U.P. Counsel for Applicant :- Upendra Kumar Singh,Raksha Chauhan,Sanjeev Kumar Sharma

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Counsel for Opposite Party :- G.A.,Anurag Vajpeyi,Padmaker Pandey

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Hon'ble Vivek Kumar Singh,J.

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Supplementary affidavit filed on behalf of applicant is taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State as well as Sri Anurag Vajpeyi learned counsel for the informant and perused the material on record.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that on the basis of compromise the matter has settled between the parties. It is also contended that applicant is ready to settle the matter as compromised between the parties after his released. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been contended that there is no criminal history against the applicant and he is languishing in jail since 31.12.2022.

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Learned A.G.A. as well as learned counsel for the informant submit that if applicant is ready for the same, the bail application may be considered sympathetically.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, submission of counsel for the parties and reformative theory of punishment the applicant is entitled to be released on bail in this case.

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Let the applicant Lal Bahadur Singh involved in Case Crime No.147 of 2013, under Sections 420, 467, 468, 471, 504, 506, 120B I.P.C., P.S. Kotwali, District Kanpur Nagar be released on bail on his furnishing a personal bond with two sureties each in the like

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amount to the satisfaction of the court concerned with the following conditions.

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(i) The applicant as well as learned counsel for the informant undertake that compromise which has been arrived between them, the applicant and complainant shall be strictly followed and if the same is not followed as mentioned in the supplementary affidavit, the court below shall be liberty to automatically cancel the bail bonds.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date :- 7.4.2023 Jitendra

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Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad

Lal Bahadur Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Lal Bahadur Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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