Allowed

Rajan Singh v. State of U.P.

Allahabad HC20 Mar 2018BAIL/6210/2018

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant, a truck helper accused of forgery and cheating, relying on parity with a co-accused and the reformative theory of punishment, subjecting him to a personal bond with sureties and strict undertakings.

What did the court decide?

Applicant Rajan Singh released on bail by furnishing a personal bond with two sureties on conditions of cooperation, non-tampering, and lawful conduct.

Rajan Singh Vs State of U.P. — Cheating and Forgery | Allahabad HC (2018)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6210 of 2018

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Applicant :- Rajan Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Bairister Singh,Vivek Singh Counsel for Opposite Party :- A.G.A.

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Hon'ble Vivek Kumar Singh,J.

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Counter affidavit is being filed today by the State-respondent, which is taken on record.

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Heard learned counsel for the applicant and Vikas Rana, learned A.G.A. appearing for the State and perused the record.

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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 due to ulterior motive. It is next contended that the applicant is a Khalasi (Helper) of Truck No. B.R.24 GA 8533 and he has not prepared the forged bill and receipt. It is next contended that the applicant is only responsible for conveyance and transportation of goods loaded on truck but the S.I.(Forest Deptt.) has falsely implicated him in the present case and made allegation for preparation of forged documents. 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.

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It is next contended by learned counsel for the applicant that similarly placed co-accused, namely, Shiv Prasad has already been granted bail by this Court vide order dated 22.2.2018 passed in Criminal Misc. Bail Application No.6979 of 2018, copy whereof has been produced by the counsel for the applicant, which is taken on record, and since the case of the applicant stands on identical footing of that co-accused, hence the applicant is also entitled for bail on the ground of parity. It has also been submitted that the applicant is languishing in jail since 11.1.2018 . The applicant has no other criminal history to his credit.

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Learned A.G.A. opposed the prayer for bail.

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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

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is entitled to be released on bail in this case.

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Without expressing any opinion on the merits of the case, let the applicant Rajan Singh involved in Case Crime No. 10 of 2018, under sections 419, 420, 467, 468, 471 I.P.C., Police Station Sayyed Raja, District Chandauli 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:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 20.3.2018 Su

Rajan Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rajan Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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