Allowed

Ganesh Kumar v. State of U.P.

Allahabad HC11 Apr 2023BAIL/58709/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad allowed a bail application filed by Ganesh Kumar. The court held that the applicant made out a case for bail, considering the nature of the offence, lack of criminal history, and the need to avoid delaying the trial. Bail was granted subject to specific conditions.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties, each in the like amount.

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

¶1

Court No. - 86

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58709 of 2022

¶3

Applicant :- Ganesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Tiwari,Martand Kumar,Niraj Tripathi,Pawan Kumar Shukla Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

Rejoinder affidavit filed by learned counsel for the applicant is taken on record.

¶6

Heard Sri Sunil Kumar Tiwari and Sri Martand Kumar, learned counsel for the applicant and Sri Mithlesh Kumar, learned A.G.A. for the State and perused the record.

¶7

The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.0214 of 2022, under Sections 420, 467, 468, 471 I.P.C. and Section 66-D of Information Technology Act, P.S. Hastinapur, District Meerut.

¶8

Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; the victim is the Bhabhi of the applicant and some money dispute was going on between them which was compromised, reference in this regard is made to annexure-1 to the rejoinder affidavit, which is on record. 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 29.10.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

¶9

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

¶10

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.

¶11

Let the applicant, Ganesh Kumar , who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties (one should be of a family member) 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.

¶12

The applicant shall not tamper with the prosecution evidence by

¶13

intimidating/ pressurizing the witnesses, during the investigation or trial.

¶14

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

¶15

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

¶16

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶17

Order Date :- 11.4.2023 Dev/-

¶18

Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad

Ganesh Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ganesh Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mintu Ali Vs State of U.P.

Salma Kaul @ Shivani Vs State of U.P.

Sani Vs State of U.P.

Ajay Kumar Vs State of U.P.

Ravish Kumar Vs State of U.P.

Sarita Kesarwani Vs State of U.P.