This bail application was heard regarding allegations of forgery and cheating. The court noted doubts about the impugned evidence and the victim's statement. Granting bail on a personal bond with conditions to ensure trial attendance and no tampering.
The applicant was released on bail on furnishing a personal bond of Rs. one lakh with two sureties.
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. - 705 of 2018
Applicant :- Tulsiram Arya Opposite Party :- State Of U.P. Counsel for Applicant :- Jai Narain Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Jai Narain, learned counsel for the applicant and Ashvani Kr. Yadav, learned A.G.A. appearing for the State.
It has been submitted by the learned counsel for the applicant that the applicant is innocent and he has not committed any forgery only on the basis of the statement of the Registrar, Gurukul University, Vrindaban, District Mathura who was not even the posted as Registrar i.e. in the year 2004, the applicant has been falsely implicated in the present case, the said fact has been mentioned in para 24 of the affidavit accompanying this affidavit. Moreover, the victim of the present case in his second statement recorded on 15.11.2017 has stated that he has no concern with the complainant in question, the said fact has been mentioned in para 10 of the affidavit accompanying this bail application. It is further submitted that the 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 23.11.2017. 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 Tulsiram Arya involved in Case Crime No.128 of 2017, under Sections 420, 467, 468, 471 I.P.C., Police Station Badagaon, District Jhansi be released on bail on his furnishing a personal bond (of Rs. one lakh) with two sureties (one should be of family member) 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 trial court will be at liberty to cancel the bail.
Order Date :- 9.1.2018 Dev/-
1 issue framed by the court
Whether the applicant, accused of forgery and cheating, is entitled to bail given doubts regarding the authenticity of the forgery evidence and the victim's impartiality.
1 provisions across 1 enactments
Tulsiram Arya
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
