The court granted bail to Dilip Singh Maurya detained under Sections 420, 467, 468, 469, 471 IPC. The applicant alleged false implication and lack of evidence. The court held that the applicant is entitled to bail considering the nature of charge and prima facie satisfaction.
Applicant released on bail on furnishing personal bond with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2158 of 2018
Applicant :- Dilip Singh Maurya Opposite Party :- State Of U.P. Counsel for Applicant :- Panchu Ram Maurya,Shashank Maurya Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that applicant has neither fabricated any alleged documents nor produced such forged documents before the appointing authority for obtaining the appointment in the aforesaid institution. 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 03.10.2017. 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 Dilip Singh Maurya involved in Case Crime No. 88 of 2017, under Section 420, 467, 468, 469, 471 I.P.C., Police Station Mugalpura, District Moradabad 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 :- 23.1.2018 Arti Sharma
2 issues framed by the court
Whether the applicant should be released on bail in the present criminal proceeding.
Whether the allegations against the applicant are false and he should be granted bail.
Dilip Singh Maurya
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
