Criminal court granted bail to the applicant in a case involving cheating and forgery offenses under Sections 419, 420, 467, 468, 471, and 34 IPC.
Application allowed; applicant released on bail on personal bond and two sureties subject to conditions regarding appearance and non-interference.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:15031
Court No. - 13
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 276 of 2024
Applicant :- Satish Kumar Sharma @ Raju Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Upendra Prakash Pathak Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
bail to the applicant, but does not dispute that the only allegation against the applicant is active association with the main accused persons and coaccused, Dharmendra Singh @ Sonu, Kuldeep Yadav and Mukesh Kumar Yadav, have already been enlarged on bail by the co-ordinate benches of this Court.
(i) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(ii) 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 office or tamper with the evidence.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) 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 IPC.
(v) 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. may be issued and if 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 IPC.
(vi) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) 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.
Order Date :- 20.2.2024 Gaurav-Arpan/-
Digitally signed by :- ARPAN GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to be released on bail in charges related to cheating, forgery, and criminal conspiracy being an accessory after the fact.
Whether the fact that co-accused have been enlarged on bail is a relevant consideration for granting bail to the applicant.
6 provisions across 1 enactments
Satish Kumar Sharma @ Raju
Rajeev Singh
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
