Bail application filed by Preetam challenging false implication in a cheating case. Court allowed bail under Sections 457, 380, 411 IPC, subject to furnishing bond and complying with standard conditions against tampering and illegal activities.
Released on bail with two sureties and conditions including court attendance and non-interference.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5293 of 2018
Applicant :- Preetam Opposite Party :- State Of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava,Jitendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard Sri Jitendra Singh, learned counsel for the applicant and Sri Purshottam Maurya, 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 next contended that the report was lodged againstt some unknown person and he has not been named. in the FIR False recovery of one pair gold ring has been shown agisnt the applicant. Infact, nothing has been recovered from the possession of 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 7.9.2017.
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.
Without expressing any opinion on the merits of the case let the applicant Preetam involved in Case Crime No.159 of 2017, under Sections 457,380, 411 IPC, Police Station Rehar, District Bijnor 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 :- 13.2.2018 IA
2 issues framed by the court
Whether the applicant Preetam is entitled to be released on bail in Case Crime No.159 of 2017.
Whether the conditions of bail are appropriate for the applicant in the present case.
Preetam
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
