The High Court allowed bail to the applicant in a cheating and forgery case, finding sufficient evidence and appreciating the reformative theory of punishment despite allegations of false implication.
The applicant was released on bail by furnishing a personal bond 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. - 7513 of 2018
Applicant :- Raj Kumar Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Kumar Rai,Sandeep Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the recovery which has been shown from the possession of the applicant is false and fabricated. It is further submitted that the applicant has no concern with the alleged incident. 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 10.11.2017. It has been pointed out that the applicant has no criminal history.
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 Raj Kumar Yadav involved in Case Crime No.1006 of 2017 under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Colonelganj, District Allahabad 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 trial court will be at liberty to cancel the bail.
Order Date :- 27.2.2018 Dev/-
1 issue framed by the court
Whether the applicant, accused of cheating and forgery and impugned as falsely implicated, is entitled to bail.
1 provisions across 1 enactments
Raj Kumar Yadav
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
