Allowed

Sanjeev Singh v. State of U.P. Thru. Prin. Srcy. Home Deptt. Lko

Allahabad HC18 Jul 2024/6310/2024

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad granted bail to the applicant challenged in a criminal trial for cheating and forgery. The court held it was a fit case to release the applicant on a personal bond with two sureties, imposing standard conditions to prevent tampering with evidence or witnesses.

What did the court decide?

The applicant is released on bail on furnishing a personal bond and two sureties subject to imposed conditions.

Sanjeev Singh Vs State of U.P. Thru. Prin. Srcy. Home… — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:48577

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6310 of 2024

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Applicant :- Sanjeev Singh Opposite Party :- State Of U.P. Thru. Prin. Srcy. Home Deptt. Lko Counsel for Applicant :- Shiv Ram Tewari,Abhishek Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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1. Heard learned counsel for the applicant who has filed rejoinder affidavit today in court which is taken on record, learned Additional Government Advocate for the State and perused the record.

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2. Learned counsel for the applicant submits that the offence is triable by Magistrate. False recovery of mobile, one SIM card, Rs.1220/-, Aadhar and PAN Card has been shown from the applicant. The applicant has been falsely implicated. The applicant has no previous criminal history. The applicant is in jail since 24.4.2024.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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3. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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4. Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, charge sheet has been filed, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a

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fit case for enlarging the applicant on bail.

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5. Let the applicant Sanjeev Singh, involved in Case Crime No.149 of 2024 under sections 34, 406, 409, 411, 419, 420, 467, 468, 471 I.P.C., 66 I.T. Act, P.S. Vibhuti Khand, district Lucknow 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 with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

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(iv) 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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(v) 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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(vi) 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

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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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6. The application is allowed accordingly.

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Order Date :- 18.7.2024 kkb/

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Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

Sanjeev Singh v. State of U.P. Thru. Prin. Srcy. Home Deptt. Lko

Case brief

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Sanjeev Singh v. State of U.P. Thru. Prin. Srcy. Home Deptt. Lko

Case brief

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What did the court decide?

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