Allahabad High Court
Sarvesh Kumar vs State Of U.P. on 17 August, 2022
Author: Ajit Singh
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26138 of 2022 Applicant :- Sarvesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Kumar Kuntal Counsel for Opposite Party :- G.A. Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Sarvesh Kumar in connection with Case Crime No.167 of 2022, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Colonalganj, district Allahabad.
The first information report of this incident was lodged by the informant against the applicant. It was alleged in the first information report that on 25.04.2022 when the photograph of the applicant was being matched with the data available on record then it mismatched with the data. It was also alleged that it was again verified two times but the same could not be matched. It was also alleged that the applicant had hatched a criminal conspiracy and another person had appeared in the written examination in place of the applicant.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with ulterior motive. He submitted that the applicant had appeared in the written examination and at that point of time his biometric data was matched and it may be due to some technical snag when the applicant appeared in the interview the same could not be matched. He submitted that all offences are triable by the court of Magistrate. He submitted that applicant is languishing in jail since 25.04.2022, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Sarvesh Kumar involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 17.8.2022 R./