Allowed

Deepak Kumar @ Sahul v. State of U.P

Allahabad HC26 Jul 2024ABAIL/7245/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an anticipatory bail application filed by Deepak Kumar @ Sahul against charges of cheating and forgery. The court granted bail based on the weakness of the prosecution case relying solely on a co-accused statement.

What did the court decide?

Appointment made. Release on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court concerned.

Deepak Kumar @ Sahul vs State of U.P — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:119625

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7245 of 2024

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Applicant :- Deepak Kumar @ Sahul Opposite Party :- State Of U.P Counsel for Applicant :- Ajay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Sri Jhamman Ram, learned AGA-I, for the State, apprised the Court that he has received the instructions, therefore, the instant anticipatory bail application may be finally disposed off.

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Heard Sri Shad Azam, learned Advocate, holding brief of Sri Ajay Singh, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I, for the State.

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The instant anticipatory bail application has been filed on behalf of the applicants with the prayer to release them on anticipatory bail in FIR/Case Crime No.37 of 2024, under Sections 419,420,467.468 and 471 IPC and Section 6/10 U.P.Public Examination Act, 1998, Police Station Sukhpura, District Ballia during pendency of the trial.

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Learned counsel for the applicant submits that on the basis of false allegation, merely on the basis of disclosure statement of coaccused, Suraj Kumar, who was arrested at spot while he was appearing in the examination, applicant has been made accused in the present matter. He next submits that except the statement of coaccused, there is no other evidence against the applicant on record and only allegation against the applicant is that he facilitated the other two co-accused persons for the purpose to appear in the examination.

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He further submits that investigation of the case is still pending and police is trying to arrest the applicant.

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He further submits that applicant is not having any previous criminal history to his credit.

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Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the 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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Considering the nature of allegation levelled against the applicant and the fact that he was made accused through the statement of co-accused Suraj Kumar, in my view, applicant is entitled to be released on anticipatory bail till the conclusion of the trial.

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

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In the event of arrest of the applicant -Deepak Kumar @ Sahul involved in the aforesaid case crime number, shall be released on bail till the conclusion of the trial case on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court concerned with the conditions:-

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(i) that the applicant shall make himself available for interrogation by a police officer as and when required;

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(ii) that 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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(iii) that the applicant shall not leave India without previous permission of the court;

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(iv) that the applicant shall not temper with the evidence during the trial;

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(v) that the applicants shall not pressurize/intimidate the prosecution witness;

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(vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicants.

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It is made clear that the observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 26.7.2024 SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Deepak Kumar @ Sahul v. State of U.P

Case brief

What is this about?

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Deepak Kumar @ Sahul v. State of U.P

Case brief

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