Allowed

Santoshi @ Santokhi v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC18 Jul 2024BAIL/7580/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by an 85-year-old elderly accused in a cheating case. The court, noting the applicant's custody since April 2023 and the magisterial cognizance of the offence, held it a fit case for bail.

What did the court decide?

Accused released on bail by personal bond and two sureties subject to conditions against tampering with evidence and appearance before trial court.

Santoshi @ Santokhi vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:68475

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7580 of 2024

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Applicant :- Santoshi @ Santokhi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vijay Kumar Tiwari Counsel for Opposite Party :- G.A.,Dinesh Chandra Shukla

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Hon'ble Karunesh Singh Pawar,J.

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Counter affidavit filed by learned A.G.A. is taken on record.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.258 of 2023, under Sections 419, 420, 467, 468, 471, 120(B) I.P.C., P.S. Kotwali Nagar, District Gonda.

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As per the prosecution case, allegation on the present applicant is that he is a witness in an agreement to sell executed by Vimlesh Awasthi wife of co-accused Brijesh Kumar Awasthi and some fictitious person.

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Learned counsel for the applicant submits that applicant is aged about 85 years. The offences are triable by magistrate. Applicant is not a beneficiary, he is only the marginal witness. He submits that the applicant is in jail since 19.04.2023.

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Learned A.G.A. has opposed the bail prayer however, submits that charge-sheet has been filed.

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 19.04.2023, charge-sheet in the case has been filed, offences are triable by magistrate, extreme old age of the

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applicant, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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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

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82 Cr.P.C. is issued and the 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 of the Indian Penal Code.

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Order Date :- 3.10.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Santoshi @ Santokhi v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Santoshi @ Santokhi v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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