Allowed

Sushil Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Secy. Lko.

Allahabad HC23 Aug 2024BAIL/9021/2024

Case brief

AI extract

What is this about?

Single judge allowed bail to the accused-applicant, Sushil Kumar Srivastava, in a criminal conspiracy and cheating case, granting parity with a co-accused already on bail, despite objections by the State.

What did the court decide?

The applicant was released on bail in Crime No.193 of 2024 subject to a personal bond and two reliable sureties each in lieu fixed amount.

Sushil Kumar Srivastava vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:57696

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9021 of 2024

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Applicant :- Sushil Kumar Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Secy. Lko. Counsel for Applicant :- Triloki Nath Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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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.193 of 2024, under Sections 419, 420, 406, 468, 471 I.P.C., P.S. Thakurganj, District Lucknow.

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In the prosecution case it is alleged that co-accused Syed Mohammad Yaqut has impersonated from Mohammad Salim and got sale deed executed from the father of Mohammad Ahmad.

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Learned counsel for applicant submits that main accused Syed Mohammad Yaqut has been enlarged on bail by this Court vide order dated 19.7.2024 passed in Criminal Misc. Bail Application no.7338 of 2024. Applicant is marginal witness and has no criminal history. The charge-sheet has been filed. Applicant has falsely been implicated in this case. Applicant is in jail since 23.05.2024 having no criminal history.

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Learned A.G.A. has opposed the bail prayer.

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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 23.05.2024 having no criminal history as also the fact that applicant seeks parity with the bail order of co-accused Syed

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Mohammad Yaqut (supra), 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- Sushil Kumar Srivastava 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 :- 23.8.2024 Saurabh Yadav/-

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

Sushil Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Secy. Lko.

Case brief

What is this about?

What did the court decide?

Sushil Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Secy. Lko.

Case brief

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What did the court decide?

What the court decided

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