Criminal Bail Application allowed. Applicant released on personal bond and sureties after compromise and non-opposition by state counsel. Bail revocable cheque dishonour.
Released on personal bond and furnishing two sureties upon cheque dishonour clause.
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Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41955 of 2018
Applicant :- Pramod Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- P.K. Singh Counsel for Opposite Party :- G.A.,Anuj Kumar Mishra
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
While claiming innocence of the applicant on the basis of the averments made in the accompanying affidavit to the bail application, it has been claimed that both the parties have entered into compromise and money involved in the transaction has been handed over by the applicant to the informant. Criminal history of the applicant has been explained under paragraph no.15 of the affidavit filed in support of this bail application. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant is languishing in jail since 19.08.2018.
The claim made on behalf of the applicant was supported by Sri Anuj Kumar Mishra, learned counsel for the informant, who has categorically stated that worthy compromise has reached between the parties and he does not wish to oppose the prayer for bail.
Learned A.G.A. has supported the submission of the learned counsel for the informant.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie
satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Pramod Yadav involved in Case Crime No.235 of 2018, under Sections 419, 420, 467, 468, 506 I.P.C., Police Station Gola, District Gorakhpur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
It is made clear that in case the cheques issued by the applicant in favour of the informant are dishonoured, the informant shall move an application for cancellation of bail before the court concerned.
Order Date :- 19.12.2018
rkg
1 issue framed by the court
Whether the applicant Pramod Yadav is entitled to release on bail considering the compromise reached between parties and lack of apprehension of absconding.
1 provisions across 1 enactments
Pramod Yadav
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
