Single judge allowed bail in a criminal matter concerning fraud in court proceedings. The court granted release on personal and surety bonds, imposing conditions against tampering with evidence and committing further crimes.
Release on bail by furnishing personal bond and two sureties.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10966 of 2018
Applicant :- Manoj Kumar @ Abhay Pratap Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar Dwivedi,Krishna Kumar Singh
Counsel for Opposite Party :- G.A.,Anil Kumar Shukla
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Manoj Kumar @ Abhay Pratap with a prayer to release him on bail in Case Crime No. 193 of 2015, under Sections 420, 467, 468, 471 IPC, Police Station Eka, DistrictFirozabad, during pendency of trial.
Allegation in the FIR is that the applicant has filed some fraudulent documents in suit No. 10 of 2012 before the court, which is pending in the trial court. As per Section 195 Cr.P.C., when such an offence is committed in court proceeding, the court can initiate proceedings against the accused.
In view of the above, the applicant is entitled for bail. The applicant is languishing in jail since 10.02.2018. He does not have any prior criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Manoj Kumar @ Abhay Pratap involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 24.7.2018 Ruchi Agrahari
3 issues framed by the court
Whether the applicant, convicted under Sections 420, 467, 468, 471 IPC for filing fraudulent documents in a pending civil suit, is entitled to bail.
What conditions should be imposed on the grant of bail to prevent misuse of liberty and tampering with evidence.
Whether the absence of prior criminal history influences the decision on bail in a case involving offenses committed during court proceedings.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶11
(2018) 3 SCC 22 · Who else cites this
Manoj Kumar @ Abhay Pratap
State Of U.P.
Siddharth
As recorded by the court registry
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