In a bail application regarding a cheating and forgery case, the High Court released the applicant on bail upon furnishing a personal bond and two sureties, subject to standard conditions including cooperation in trial and non-tampering with witnesses.
Release of the applicant on bail by furnishing a personal bond and two sureties each in the like amount.
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Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22431 of 2018
Applicant :- Smt. Laxmi Maurya Opposite Party :- State Of U.P. Counsel for Applicant :- Anurag Pathak,Harshit Pathak
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. This matter relates to civil dispute. It is also submitted that the applicant has not committed the present offence.She does not have any criminal history to his credit. Applicant is languishing in jail since 10.05.2018 and in case he is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
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, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant Smt. Laxmi Maurya involved in Case Crime No. 927 of 2014 U/S 419, 420, 467, 468, 471 and 506 of I.P.C. registered at PS - Kotwali, District - Maharajganj be released on bail on her 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 :- 19.6.2018 Rk
2 issues framed by the court
Whether the applicant satisfied the court to be released on bail during investigation and trial.
What conditions must be imposed on the applicant to prevent tampering with evidence and subsequent criminal activity.
Smt. Laxmi Maurya
Siddharth, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
