In this criminal miscellaneous bail application, the Hon'ble Court released the applicant on bail from a charge sheeted case involving fraud, cheating, and forgery, holding him prima facie satisfied the charge due to fear of witness tampering.
Released on bail on furnishing a personal bond with two sureties in like amount.
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. - 8804 of 2018
Applicant :- Jai Narain Bind Opposite Party :- State Of U.P. Counsel for Applicant :- Uma Shankar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed by the learned counsel for the applicant today in the Court is taken on record.
Heard Sri Uma Shankar, learned counsel for the applicant and Sri Purushottam Maurya, 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 neither applicant committed any fraud nor open any account nor withdraw any amount or obtain any monetary benefit and it was the third person who first obtain the account with the name of Raj Narain and gain monetary benefit by misusing the photograph of the applicant, the said fact has been mentioned in para 6 of the affidavit accompanying this bail application. 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 11.12.2017. 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 Jai Narain Bind involved in Case Crime No.1248 of 2017, under Sections 419, 420, 467, 468 I.P.C., Police Station Badlapur, District Jaunpur 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 :- 14.3.2018 Dev/-
1 issue framed by the court
Whether the applicant is entitled to bail having been falsely implicated for offenses of fraud and forgery.
1 provisions across 1 enactments
Jai Narain Bind
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
