Single judge allowed bail to Abdul Kalaam in a cheating and forgery case, noting falsity of allegations, civil dispute origin, and lack of criminal antecedent, under Sections 419, 420, 467, 468, 471 IPC.
Released on bail on personal bond with two sureties subject to conditions including cooperation, no witness tampering, and no illegal activities.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2800 of 2018
Applicant :- Abdul Kalaam Opposite Party :- State Of U.P. Counsel for Applicant :- Mr Mohd. Monis Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Mohd. Monis, learned counsel for the applicant and 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 there is civil dispute between the complainant and the applicant. 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 20.11.201. 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 Abdul Kalaam ,involved in Case Crime No. 693 of 2017,under Sections 419,420, 467, 468, 471 I.P.C., Police Station Kotwali, District Fatehpur 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 conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 29.1.2018 Su
1 issue framed by the court
Whether the applicant is entitled to bail in a cheating and forgery case involving civil dispute elements.
1 provisions across 1 enactments
Abdul Kalaam
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
