The High Court granted bail to the applicant in a case involving cheating, forgery, and criminal irresponsibility. The court considered the false implication of the accused and formulated various conditions for his release on a personal bond with sureties.
Released on bail with permission to furnish a personal bond and two sureties with specific conditions.
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. - 2660 of 2018
Applicant :- Tej Ram Opposite Party :- State Of U.P. Counsel for Applicant :- Mr Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ajay Kumar Srivastava, 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 incident took place on 26.09.2015 and the first information report has been lodged by the complainant on 20.05.2016 for which no explanation has been given by the complainant. It is further submitted that applicant is innocent and he has been falsely implicated in the present case due to village party bandi. It is further submitted that the complainant has filed a suit for cancellation of sale deed dated 26.09.2015 in suit no. 27 of 2016 and the same is pending before the Civil Judge, Senior Division. Fatehgarh, District Farrukhabad, which is annexed as Annexure No. 3 to the affidavit. 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 10.08.2017. 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 Tej Ram involved in Case Crime No. 206 of 2016, under Sections 420, 467, 468, 471 I.P.C., Police Station
Kayamganj, District Farrukahabad 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.1.2018 Arti Sharma
1 issue framed by the court
Whether the applicant is entitled to bail in the present criminal proceedings.
Tej Ram
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
