Allowed

Aditya Verma v. State of U.P.

Allahabad HC3 Apr 2023BAIL/6613/2023

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Aditya Verma in a cheating and forgery case. The applicant was in jail since October 2022. The court found no grounds to deny bail and ordered his release on furnishing a personal bond and two sureties under specified conditions.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties each in the like amount, subject to conditions regarding appearance, non-interference with witnesses, and no criminal ac

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

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6613 of 2023

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Applicant :- Aditya Verma Opposite Party :- State of U.P. Counsel for Applicant :- Kalp Dev Mishra,Pradeep Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Pradeep Kumar, learned counsel for the applicant and Sri Varun Kumar Agnihotri, learned Brief Holder for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 599 of 2022, under Sections 419, 420 IPC, Police Station Kokhraj, District Kaushambi during pendency of the trial.

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FIR of the present case was lodged under Section 394 IPC against unknown persons and according to the FIR four unknown persons committed loot of money from the informant.

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Learned counsel for the applicant submitted that applicant was not named in the FIR and during investigation co-accused Anoop Shukla was arrested and he disclosed the name of applicant and thereafter applicant was arrested and after arrest he confessed his guilt. He further submits that initially FIR of the present case was lodged under Section 394 IPC but applicant has been made accused under Sections 419, 420 IPC and only allegation against the applicant is that he provided forged SIM to the co-accused persons on the basis of forged documents and except the bald allegation there is no other evidence against the applicant on record. He further submits that applicant is not having any criminal history and in the present matter he is in jail since 13.10.2022.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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From the perusal of record, it appears that FIR of the present case was lodged under Section 394 IPC but name of applicant was disclosed during the investigation through the statement of co-accused Anoop Shukla and thereafter he was made accused

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in the present matter under Sections 419, 420 IPC and there is no allegation against him of loot and only allegation against him is that he provided forged SIM card on the basis of forged documents and maximum punishment provided for the alleged offences is seven years and applicant is not having any criminal history and in the present matter he is in jail since 13.10.2022.

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Therefore, from the discussion made above, in view of this Court, it is a fit case to release the applicant on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant - Aditya Verma be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and antisocial activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date :- 3.4.2023 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Aditya Verma v. State of U.P.

Case brief

What is this about?

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Aditya Verma v. State of U.P.

Case brief

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