Allowed

Ramakant and 2 Others v. State of U.P.

Allahabad HC25 Jul 2018BAIL/9268/2018

Case brief

AI extract

What is this about?

The Single Judge dismissed the public Prosecutor's opposition and granted bail to three applicants falsely implicated in cheating and forgery cases involving disputed FIR lodged during pendency of a civil suit, subject to specific conditions to prevent evidence tampering, on a personal bond with two sureties each.

What did the court decide?

Release on bail with personal bond and two sureties each; prohibition on tampering with witnesses, seeking adjournments, or committing new crimes.

Ramakant and 2 Others Vs State of U.P. — Cheating and Forgery | Allahabad HC (2018)

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9268 of 2018

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Applicant :- Ramakant And 2 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Pramod Srivastava Counsel for Opposite Party :- G.A.,Mritunjay Singh

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicants, Shri Mritunjay Singh, learned counsel for the complainant and learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicants, Ramakant, Premprakash and Ashwani Kumar with a prayer to release them on bail in Case Crime No. 476 of 2017, under Sections 419, 420, 467, 468, 471, 504, 506 IPC, Police Station Bilhour, District- Kanpur Nagar, during pendency of trial.

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It is argued by the learned counsel for the applicants that the applicants are absolutely innocent and have been falsely implicated in the present case with some ulterior motive.It is further argued that during the pendency of the suit no. 688 of 2015 before Civil Judge(J.D.), Kanpur Dehat, Premprakash and others Vs. Ashok Kumar, this First Information Report was lodged alleging fabrication of documents which are subject matter of scrutiny of the Original Suit aforesaid. FIR was lodged against the applicants under Section 156 (3) of Cr.P.C. The applicants are languishing in jail since 15.2.2018, who are not a previous convict. In case, the applicants are released on bail, they will not misuse the liberty of bail.

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Per contra learned A.G.A. and learned counsel for the complainant have opposed the bail prayer of the applicant on the ground that applicant has tried to take undue advantage of fraudulent documents against the right of the first informant, therefore, they do not deserve any indulgence. In case the applicants are released on bail they will again indulge in similar activities and will misuse the liberty of bail.

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Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, let the applicants Ramakant, Premprakash and Ashwani Kumar involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicants shall cooperate in the trial sincerely without seeking any adjournment.

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The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 25.7.2018 Atul kr. sri.

Ramakant and 2 Others v. State of U.P.

Case brief

What is this about?

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Ramakant and 2 Others v. State of U.P.

Case brief

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