Court granted bail to Ravikant Sharma, an employee allegedly removed from service via a malicious FIR under Sections 420 and 422 IPC, by a personal bond and two sureties.
Applicant released on bail on furnishing a personal bond with two sureties subject to specific conditions.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1668 of 2018
Applicant :- Ravikant Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Surendra Kumar Tripathi, learned counsel for the applicant and Ms. Poonam Singh Sengar, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant was working as Agent in the said company since one and a half years back and the Branch Manager of said Branch feeling enmity with the applicant wanted to remove the applicant from the said company so under malafide intention an F.I.R. has been registered against the applicant. It is further submitted that the applicant had not committed any fraud as alleged by the prosecution and further there is no such evidence of fraud against the applicant available on record. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 15.11.2017. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Let the applicant Ravikant Sharma involved in Case Crime No. 944 of 2017, under Section 420, 422 I.P.C., Police Station Sadar, District Agra be released on bail on his furnishing a
personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
Order Date :- 16.1.2018 Arti Sharma
2 issues framed by the court
Whether the applicant, accused of cheating and forgery based on an alleged malicious FIR, is entitled to bail.
Whether the reasonable apprehension of tampering with witnesses justifies denial of bail.
Ravikant Sharma
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
